The Protection of Refugees in Southeast Asia: A Legal Fiction?

This book provides a comprehensive and detailed analysis of refugee protection in Southeast Asia from an international law perspective. It examines the legal and policy frameworks, as well as the countries' responses to refugee movements, and focuses on the main countries of asylum within the Association of Southeast Asian Nations that are not parties to the 1951 Refugee Convention. The author argues that these states have long recognized the protection of refugees, despite their refusal to accede to the Refugee Convention.

Format: Hardback
Length: 244 pages
Publication date: 16 February 2022
Publisher: Taylor & Francis Ltd

This comprehensive and detailed book delves into the realm of refugee protection in Southeast Asia, offering a thorough examination from an international law perspective. It explores both the legal frameworks and policy frameworks that govern the protection of refugees in the region, as well as the countries' responses to refugee movements, spanning from the mid-1970s Indochinese refugee crisis to the most recent developments. The book covers essential aspects of refugee protection, including access to territory, non-refoulement, the treatment of refugees, the concept of refugees in the region, burden-sharing, and durable solutions to the plight of refugees.

The analysis specifically focuses on the primary countries of asylum within the Association of Southeast Asian Nations (ASEAN) that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia, and Indonesia. By employing an international law perspective rooted in the doctrine of the "two elements (practice and opinio juris)," the author argues that these states have long recognized the protection of individuals fleeing persecution, armed conflict, and generalized violence, including refugees. This demonstrates their acknowledgment of the existence and relevance of the international refugee regime, despite their refusal to accede to the Refugee Convention.

This book presents a unique perspective on the interplay between international refugee law and refugee protection in Southeast Asia, making it 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. By examining the legal and policy frameworks, as well as the countries' responses, this book sheds light on the complex challenges and opportunities faced in addressing the refugee crisis in the region.

Dimension: 234 x 156 (mm)
ISBN-13: 9781032153667