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Social Theory and Practice

Volume 40, Issue 1, January 2014

Luara Ferracioli
Pages 123-144
DOI: 10.5840/soctheorpract20144016

The Appeal and Danger of a New Refugee Convention

It is widely held that the current refugee Convention is inadequate with respect to its specification of who counts as a refugee and in its assignment of responsibility concerning refugees to states. At the same time, there is substantial agreement among scholars that the negotiation of a new Convention would lead states to extricate themselves from previously assumed responsibilities rather than sign on to a set of more desirable legal norms. In this paper, I argue that states should ultimately negotiate a new Convention, but that first they must alleviate the institutional and motivational constraints that make progress currently unattainable.