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43 Liverpool L. Rev. 1 (2022)

handle is hein.journals/lvplr43 and id is 1 raw text is: Liverpool Law Review (2022) 43:1-31 https://doi.org/l0.1007/si0991-021-09286-z Rohingya Boat Refugees at Bay of Bengal and Obligations of the South East Asian States Under Soft Law Hassan Al Imran1 Accepted: 24 September 2021 / Published online: 8 October 2021 ©The Author(s), under exclusive licence to Springer Nature B.V. 2021 Abstract The 1951 Refugee Convention and the 1967 Protocol are the only binding interna- tional instruments under which the parties of the instruments agree to protect refu- gees. However, there are gaps in the existing protection mechanisms for refugees at sea. Moreover, the South East Asian States are non-parties to the 1951 Refugee Convention; the States argue that they have no treaty obligation to accept Rohingya boat refugees. In this context, this article revisits the traditional view of 'soft laws', suggesting a fresh look at 'soft laws' regarding boat refugees. This article argues that even though the States are non-parties to international refugee law, the South East Asian States are members of the UN General Assembly, IMO, and ExCom. These international bodies have adopted numerous resolutions, guidelines and conclusions on refugee protection at sea; therefore, the States have international obligations to boat refugees according to Article 38(1)(C) of the Statute of the International Court of Justice 1945, the general principle of international law. Keywords Refugee - Boat people - Non-refoulement - Extraterritorial - Sea- Rescue - Illegal Introduction The 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees2 are the only international instruments that spe- cially provide the obligation of States for refugee protection. However, the South East Asian States' 1970's push back policy towards Vietnamese boat refugees,3 the 1951 Convention Relating to the Status of Refugees, 189 UNTS 137 (1951 Refugee Convention). 2 1967 Protocol Relating to the Status of Refugees, 606 UNTS 267 (1967 Protocol). 3 Davies (2006a, b: 3). E Hassan Al Imran hassanalimran99@gmail.com University of Western Sydney, Sydney, NSW, Australia I_) Springer

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