Book Chapter Details
Mandatory Fields
Bríd Ní Ghráinne
2021 Unknown
Oxford Handbook of International Refugee Law
The Internal Protection Alternative
Oxford University Press
In Press
Optional Fields
The Internal Protection Alternative (‘IPA’) stems from the premise that if there is a safe place within an individual’s state of nationality or habitual residence where they can relocate, they are not a refugee. This chapter aims to critically assess the application of the IPA. It will first conceptualize the IPA and illustrate how it has become well-entrenched in state practice. It will then illustrate the wide divergence amongst states and scholars on how the IPA is applied. The chapter will show that, using the rules of treaty interpretation, it is nonetheless possible to distil a minimum binding standard of relevant IPA criteria from both state practice and the wording of the Refugee Convention itself. These criteria are that (i) the proposed IPA must be accessible to the applicant; (ii) there is no risk of exposure to the original risk of persecution and (iii) there must be no new risk of persecution or of refoulement in the proposed IPA, and the conditions there must not be so unreasonable as to risk driving the individual to a place where there is a risk of persecution. The conclusion will briefly set out the main contributions of the chapter and future directions for research.
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