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Asian Yearbook of International Law, Volume 16 (2010)
2018 •
Kevin Tan
Asian Yearbook of International Law, Volume 23 (2017)
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2019 •
Lowell Bautista
Refuge: Canada's Journal on Refugees
South Asia and the Creation of the International Refugee Regime
2001 •
Pia Oberoi
This paper traces the initial interaction of the states of South Asia with the formalized international refugee regime, as embodied within the Office of the UNHCR. It explores the debates surrounding the creation of the Office and the 1951 Refugee Convention, and attempts to analyze the disillusionment felt by India and Pakistan with the outcome of these deliberations. Both these states arrived at the United Nations in this period with the burden of hosting up to 14 million Partition refugees weighing heavily on their inexperienced shoulders. Expecting that any international regime created for the relief of refugees would take into account this vast refugee crisis, India and Pakistan were disappointed to realize that cold war politics largely dictated the eventual outcome of the content of the Convention and the mandate of the UNHCR. Fifty years later, neither state has acceded to the 1951 Refugee Convention, preferring to interact with UNHCR on a strictly ad hoc basis. This paper a...
The King's Student Law Review The Constitution-Based Approach of Indian Judiciary to The Refugee Rights and Global Standards of the UN Convention
Dr Nafees Ahmad
Global standards of refugee protection have insidiously been discarded into recidivism by the very governments who once espoused the cause of refugee protection in Europe and elsewhere in a post-World War-II era. Today, refugee protection has transcended all human susceptibilities and sensibilities to geo-political and ethno-cultural manifestations. India has always been home to a variety of immigrants, including refugees, since time immemorial and accommodated them in the best possible manner. But, off late, the geo-strategic response of India to refugee influxes is guided by the resurgence of majoritarian primacy and religion-driven policies which are deviant to the global standards of human rights and refugee law. However, the constitution-based approach that Indian courts have been required to follow has resulted in little if any divergence on the ground in terms of both who is recognized as a refugee, and what their rights are relative to the standards of the UN Convention. Thus, the Indian judiciary has been grappling hard to have an interpretative equilibrium between refugee protections and state concerns whilst measuring global standards of international refugee law. Whereas, state institutions adopt ad-hoc solutions based on procrastination for non-Hindu refugees and selectively puts refugee protection issues on tenterhooks. Therefore, the article broadly deals with desideratum of what is international refugee law in mobility becomes a profound intellectual consciousness in the transcendental order in the wake of paradoxes of changing face of forced human migration in its new dynamics, the failure of transcendental international refugee law consciousness and re-building the culture of forced minimalist primacy in state affairs of India by envisioning the functions of law, locating rights, exercising rights, encountering ambivalence of governance institutions and re-configuring the changing face of freedom of movement between resistance to the communal constructs of prescriptive functionalism and endurance of transcendental foundation of international refugee law consciousness that brings out the old dialectics and new dynamics to the fore for possible solutions at the anvil of Constitution-based Approach of the Indian Judiciary on refugee rights. Thus, this polemical premise has been examined hereunder in the wake of failure of transcendental institutionalism in India.
Postcolonial International Law Discourses on Regional Developments in South and Southeast Asia
2009 •
Diane Desierto
ISIL YEARBOOK OF INTERNATIONAL HUMANITA_RIAN AND REFUGEE LAW IJNHCR AFTER SIX DECADES AND BEYOND The Indian Society of International Law New Delhi
B.C. Nirmal
Leiden Journal of International Law
Editors' Introduction: India and International Law in the Periphery Series (2010)
2010 •
Fleur Johns, wouter werner
Leiden Journal of International Law
Editors' Introduction: India and International Law in the Periphery Series
2010 •
wouter werner
isara solutions
West Asia, China and India in the Making of International Law
2017 •
International Res Jour Managt Socio Human
The European understanding of the birth of modern International Law is argued to be the result of the Treaty of Westphalia amongst the European nations in 1648. The most significant contribution of this treaty has been the concept of ‘sovereign equality of the states’ which became the basis for the development of modern International Law. However, this understanding, which negates the non-European states in the development of International law, is highly contested among the third world scholars. The pioneer challenge to this understanding comes from the third world International Scholars especially coming from the Arab world, China and India. The scholars from this part of the world, sharing a common, if not similar, experience of colonization and utter undermining of their contribution, highlight the biases inherent in the mainstream understanding in the development of International Law. The participation of these nations challenges the narrative, component and the substance of International legal order towards making the International relation more dynamic and integrated through International Law. This paper provides the historical contribution of international law scholarship coming from the Arab World, China and India towards the creation of a international legal order.
International Journal of Refugee Law
Southeast Asia and the 1951 Convention relating to the Status of Refugees: Substance without Form?
Sébastien Moretti
The 1951 Convention relating to the Status of Refugees, supplemented by its 1967 Protocol, is the most comprehensive and universal instrument adopted to date to safeguard the fundamental rights of refugees and to regulate their status in countries of asylum. Yet, 70 years after its adoption, many countries – most of them in Asia – are unwilling to accede to it. Focusing on the ASEAN States, this article explores the reasons behind Southeast Asia’s resistance to the Refugee Convention, thereby highlighting some of its limitations. Contrary to the so-called ‘rejection’ of the international refugee law approach that currently prevails in the region, this article argues that Southeast Asian States have long recognized that refugees, as defined in the Refugee Convention, need protection. This is evidenced by their de facto different treatment of refugees compared to other irregular migrants, especially when it comes to arrest, detention, and deportation. The fact that non-signatory State...
