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'Seeking Security for Refugees'

Davies, Sara E. (2007) 'Seeking Security for Refugees'. In Burke, Anthony & McDonald, Matthew (Eds.) Critical Security in the Asia Pacific. Manchester University Press, Manchester, pp. 219-240.

Abstract

In this chapter I argue that there are two distinct consequences of Southeast Asian states' resistance to international refugee law. First, non-accession to the key international refugee law instruments, the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (hereafter referred to as the 1951 Convention and 1967 Protocol respectively), has enabled Southeast Asian states to argue that the instruments do not apply to their asylum-seeking populations, thus denying the legitimacy of a potential normative framework for the appropriate treatment of asylum-seekers. Because Southeast Asian states have not acceded to international refugee law or developed receptive policies towards refugees, these states are able to claim that asylum-seekers are 'illegal migrants', which is technically true. Second, the majority of Southeast Asian states have not been compelled to accede to the international refugee law instruments or take humanitarian responsibility for their asylum-seeking population. In this chapter, I argue that because refugee security is unable to be enforced through international law when it is not acceded to by states, there exists a disconnection between the law's potential and its applicability in Southeast Asia. Therefore, international refugee law is limited in being able to emancipate1 asylumseekers in Southeast Asia.

Impact and interest:

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ID Code: 7354
Item Type: Book Chapter
Additional Information: For more information about this book please refer to the publisher's website (see link) or contact the author Sara Davies. Author contact details: s5.davies@qut.edu.au
Additional URLs:
ISBN: 9780719073045
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Australian and New Zealand Standard Research Classification > PHILOSOPHY AND RELIGIOUS STUDIES (220000) > APPLIED ETHICS (220100) > Human Rights and Justice Issues (220104)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Copyright Owner: Copyright 2007 Manchester University Press
Deposited On: 03 May 2007
Last Modified: 03 Mar 2011 15:34

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