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Routledge Handbook of Constitutional Law by Cheryl Saunders, Thomas Fleiner, Mark Tushnet

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32Asylum and refugees

Michelle Foster* and Jonathan Klaaren

32.1 Introduction

The need for individuals to seek asylum outside their country of nationality or habitual residence is not a new phenomenon; rather, refugees have been recognised as such at least since the Treaty of Westphalia established the modern state system in 1648.1 However, it was not until the early part of the twentieth century, which witnessed a series of significant population displacements following World War I (Hathaway 1990, 136), that the international community, and specifically European states, apprehended the need to develop normative standards for the recognition of those seeking asylum (Hathaway 1991, 1–6), a development that ultimately culminated in the formulation ...

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