Problems of refugee protection in international law: an assessment through the Rohingya refugee crisis in India

Patnaik, Dabiru Sridhar and Siddiqui, Nizamuddin Ahmad (2018) Problems of refugee protection in international law: an assessment through the Rohingya refugee crisis in India. Socio-Legal Review, 14 (2). ISSN 09735216

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Abstract

The present article deals with the problems of refugees under international law. The purpose is two-fold – to understand the legal framework for the protection of refugees and to understand the manner in which the international legal framework is adopted by States in their domestic jurisdictions. The limitation of international law in addressing the refugee problem is highlighted through ‘contestations’ and ‘ fault-lines’. It is argued that such contestations and fault-lines exist in the manner in which conceptions like sovereignty, nationality, territoriality, jurisdiction, and legal obligation are clothed and implemented in the international legal discourse. The example of Rohingya refugee crisis from India is employed to contextualise the discussion. Some notable developments towards the construction of a more robust regime for refugee protection under international law have also been highlighted in the last section.

Item Type: Article
Keywords: Refugees | Rohingya Crisis | Myanmar | Immigration
Subjects: Social Sciences and humanities > Social Sciences > Social Sciences (General)
Social Sciences and humanities > Social Sciences > International Relations
Social Sciences and humanities > Social Sciences > Demography
JGU School/Centre: Jindal Global Law School
Depositing User: Subhajit Bhattacharjee
Date Deposited: 30 Mar 2022 11:08
Last Modified: 30 Mar 2022 17:19
Official URL: https://77c86aee-837e-44bb-89c9-565f7c248f89.files...
Additional Information: The authors would like to acknowledge the excellent research assistance provided by Ms. Isha Jain and Ms. Radhika Goyal, students of National Law School of India University, Bangalore.
URI: https://pure.jgu.edu.in/id/eprint/2008

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