The protection of refugees in Southeast Asia a legal fiction? / Sébastien Moretti.

Format:

Book

Author/Creator:

Moretti, Sébastien, 1979- author.

Series:

Routledge contemporary Southeast Asia series.

Routledge Contemporary Southeast Asia Series

Language:

English

Subjects (All):

Asylum, Right of--Southeast Asia.

Asylum, Right of.

Forced migration--Southeast Asia.

Forced migration.

Refugees--Legal status, laws, etc--Southeast Asia.

Refugees.

Physical Description:

1 online resource (267 pages)

Edition:

First edition.

Place of Publication:

Abingdon, Oxon Routledge 2022.

Summary:

This book offers a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective. It examines both the legal and policy frameworks pertaining to the protection of refugees in the region as well as the countries' response to refugee movements from the Indochinese refugee crisis in the mid-1970s to the most recent developments. It covers important aspects of refugee protection, such as access to territory, non-refoulement, the treatment of refugees, the concept of refugee as applied in the region, burden-sharing, and durable solutions to the plight of refugees. The analysis focuses specifically on the main countries of asylum within the ASEAN that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia and Indonesia. Using an international law perspective based on the doctrine of the 'two elements' (practice and opinio juris), the author argues that these states have long recognized that people fleeing persecution, armed conflict, and generalized violence, namely refugees, should be protected. This in turn demonstrates that they recognize the existence and relevance of the international refugee regime despite their refusal to accede to the Refugee Convention. Offering a different perspective on the links between international refugee law and refugee protection in Southeast Asia, this book will be of interest to researchers and practitioners in the fields of international relations, international refugee law, international human rights law, migration governance, and Southeast Asian Studies.

Contents:

FOREWORDPREFACE List of CasesList of International, Regional and National InstrumentsList of Abbreviations1. INTRODUCTION2. EXPLAINING SOUTHEAST ASIAN RESISTANCE TO THE RATIFICATION OF THE 1951 CONVENTION3. A 'LEGAL LIMBO'? OVERHAULING THE NORMATIVE FRAMEWORK FOR THE PROTECTION OF REFUGEES IN SOUTHEAST ASIA4. ACCESS TO PROTECTION5. THE REFUGEE CONCEPT IN SOUTHEAST ASIA6. THE TREATMENT OF REFUGEES IN SOUTHEAST ASIA7. THE SEARCH FOR SOLUTIONS8. CONCLUSION - RECONCILING SOUTHEAST ASIA WITH INTERNATIONAL REFUGEE LAWANNEX: OVERVIEW OF THE RATIFICATIONS BY SOUTHEAST ASIAN STATES OF THE MAIN INTERNATIONAL HUMAN RIGHTS INSTRUMENTSIndex

Notes:

Description based on print version record.

ISBN:

1-00-324381-9

1-000-54365-X

1-000-54373-0

1-003-24381-9

9781003243816

OCLC:

1273728013