Built to last : the global refugee regime

• Main Author: Ting, Yuanyi
• Other Authors: Ralf Jan Diederik Emmers
• Format: Theses and Dissertations
• Language: English
• Published: 2015
• Subjects: DRNTU::Social sciences::Political science
• Online Access: http://hdl.handle.net/10356/65047
• Institution: Nanyang Technological University

Paradoxically, at a time when more countries than ever have ratified the 1951 Convention relating to the Status of Refugees, the crisis of asylum has reached unseen epidemic proportions. Australia and Italy are both parties to the Refugee Convention. Due to geography, both countries are prime destinations for 'boat people', and have responded by employing various deterrence measures to curb the irregular stream of asylum-seekers and undocumented migrants. Both exemplify the persistence of the North-South impasse in the global refugee regime since its inception. Most arguments focusing on the collective retreat from responsibilities by Western states. On the contrary, this article argues that reflecting on the position of 'Northern States' is important for refugee protection and sustainability of the regime, in order to answer the critical questions on why the persistent failure, and the Convention's relevance to states. For the refugee regime, shirking from asylum obligations erodes the norms of asylum, and burden-sharing, further endangering the principle of nonrefoulement. Reduced commitment to moral and legal obligations undermines access to refugee protection and compounds global insecurity. This article examines if the refugee regime exists, on a functional level for inter-state cooperation. In particular, it asks whether an international regime that was created in the immediacy of World War II, is still viable in this day and age. This article argues that despite over 60 years of cooperation, the regime does not present characteristics of a working regime, and shows signs of weakening.