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Research Proposal

The document discusses the author's research topic on international refugee law and its evolution based on international human rights law. The research will be divided into five chapters: defining refugees, international and regional refugee laws and arrangements, dispute settlement cases, refugees in India, and the role of international institutions. It provides background on the key international and regional legal instruments governing refugee status. The objective is to examine how universally accepted refugee definitions and protocols assist refugees in developing countries, given that most refugee crises occur in the global South and international bodies are funded by wealthy nations. The study also aims to address gaps in India's refugee laws.

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215 views3 pages

Research Proposal

The document discusses the author's research topic on international refugee law and its evolution based on international human rights law. The research will be divided into five chapters: defining refugees, international and regional refugee laws and arrangements, dispute settlement cases, refugees in India, and the role of international institutions. It provides background on the key international and regional legal instruments governing refugee status. The objective is to examine how universally accepted refugee definitions and protocols assist refugees in developing countries, given that most refugee crises occur in the global South and international bodies are funded by wealthy nations. The study also aims to address gaps in India's refugee laws.

Uploaded by

saravananml
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Abstract

Research Topic My research is concentrate in International Refugee law its based on International Human rights law. Research topic is The International law on the status of refugees: Evolving Jurisprudence. Its covers all international, regional and municipal arrangements on Refugee laws, issues and institutions.

Tentative Chapterization The research has been divided in to five chapters excluding introduction and conclusion. The first chapter is Definition of refugees analyses the definitional aspects of refugee with the help of the 1951 refugee convention and the interpretation of the relevant norms and provisions as favored by international and regional conventions. The second chapter titled International, regional and municipal arrangements it covers all international, regional and municipal laws which are related to refugee issues. The third chapter Dispute settlement cases focus on important cases already settled in related dispute mechanism systems particularly European union, ICJ and regional systems. The fourth chapter Refugees status in India analyses the applicable law in India, and discuss about the refugees who stayed in Indian Territory. The final chapter presents the role of international institutions which will indicate the significant progress made in institutions like UNHCR, ICRC and NGOs.

Back ground of the Study

The Status of the refugee in international law is constituted by a complex network of national, regional, and international laws. The principal legal instrument on international plane are the 1951 United nations Convention on the Status of Refugees and the 1967 protocol relating to the Status of refugees which have been ratified by 140 States respectively. The 1951 Convention contains the most widely accepted definition of the term refugee. It also incorporates the principle of non-refoulment (no return) and outlines the minimum standard of treatment of refugees. At the regional level, there is the 1969 OAU Convention governing the specific aspects of refugee problems in Africa which came into force in 1974. The OAU Convention goes further than the 1951 Convention in offering protection to refugees. In so far as Asia is concerned, mention may be made of the principles adopted by the Asia-African Legal Consultative Committee (AALCC) in 1966. Finally, a Group of Arab experts meeting in Cairo in November 1992 adopted a non-binding Declaration on the protection of refugees and displaced persons in the Arab world.

Objective and Scope of the Study

Mostly the argument is refugee law based on Eurocentric, the practices also in western perspective. But most of the refugee problems are happening in African, Asian and Arab countries. Five Asian countries china, Cambodia, South Korea, Philippines and India are not party in the 1951 convention. And African and Arab Countries are practicing their own regional conventions. So the universally accepted 1951 convention and 1967 protocols are really help full for assisting refugees in third world countries is a big question mark. And the international institution UNHCR is mostly funded by rich countries, how actually assisting the third world countries. India is not a party in 1951 convention but member in UNHCR executive council and made bilateral agreements with other countries in refugee matters, there is no clear law in India this mentioned in 1996 Supreme court case NHRC v- Arunachal Pradesh a land mark judgment in the area of protection of refugee rights. Justice J S verma, former chief justice of India mentioned The attempt to fill the void by judicial creativity can only be a temporary phase. Legislation alone will provide permanent solution. These are all I discussed in this topic.

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