Legal and Ethical Framework for International Refugee Law: Adherence to the 1951 Refugee Convention in the Present-Day Setting

Abstract

The idea that refugees or those who have personally experienced being a refugee have not been involved in the creation of international law and policy around refugees is contested in this article. In the formative years of international refugee law and policymaking, between 1921 and 1955, this essay claims that refugees and those who had been through refugee experiences possessed a great deal of power and thought leadership. These contributions to the evolution of international law and policy about refugees are noteworthy not only because they offer a fresh perspective on the methods by which such laws and policies have been crafted and negotiated thus far, but also because they offer a workable model for how refugees can be more effectively involved in the formulation of future laws and policies that will impact them. 149 States were parties to either the 1951 Convention or the 1967 Protocol by the end of 2020. However, neither of these fundamental agreements was ratified by the 44 United Nations members. What impact does the 1951 Refugee Convention have on states that are not signatories? What is the nature of the relationship between non-signatory nations and the international refugee regime, and how did it come about? Based on these inquiries, the purpose of this paper is to develop a new research program that will examine the interaction between States that are not signatories to the 1951 Convention. The report highlights potential conflicts between domestic immigration policy and international refugee obligations, highlighting the need for a more humanitarian and comprehensive approach to balance national security with respect for human rights and international protection standards.