LL.M. Student at University of Madras, India
Escalation of conflicts, civil war, regional tensions, and instability has jeopardized the rights of millions of asylum seekers all over the globe leading to severe humanitarian crises in the 21st century. The surge in number of asylum seekers is proportional to the instability, lack of peace, and disorder in global dynamics. This paper predominantly focuses on the role of International Law and the United Nations, specifically the United Nations High Commissioner for Refugees (UNHCR) in promoting and regulating the rights of asylum seekers. It further elaborates on various rights of asylum seekers guaranteed under various international instruments and conventions. And further dwells into the exploitations perpetrated against them and the failure of State obligation as mandated by Jus Cogens and Fundamental International principles. This paper concludes with the inevitable drawback of international law and the UN in curbing such exploitation, thereby shedding light on the failure of state cooperation and implementation of international law. This doctrinal research paper attempts to bridge the gap between the theoretical and practical aspects of asylum seekers' rights as vested in the Refugee Convention 1951, Refugee Protocol 1967, UDHR 1948, Statute of UNCHR 1950, etc. This research contributes to the legal understanding of various issues and challenges faced by asylum seekers and it inculcates the necessity of state cooperation for effective implementation of International Law in the 21st century.
Research Paper
International Journal of Law Management and Humanities, Volume 7, Issue 6, Page 269 - 289
DOI: https://doij.org/10.10000/IJLMH.118512This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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