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14 Socio-Legal Rev. 1 (2018)
Problems of Refugee Protection in International Law: An Assessment through the Rohingya Refugee Crisis in India

handle is hein.journals/soclerev14 and id is 11 raw text is: PROBLEMS OF REFUGEE PROTECTION IN INTERNATIONAL LAW: AN ASSESSMENT THROUGH THE ROHINGYA REFUGEE CRISIS IN INDIA -Dabiru Sridhar Patnaik* & Nizamuddin Ahmad Siddiqui** The present article deals with the problems of refugees under international law. The purpose is two-fold - to understand the legal framework for the protection of refugees and to under- stand the manner in which the international legal framework is adopted by States in their domestic jurisdictions. The limita- tion of international law in addressing the refugee problem is highlighted through 'contestations' and 'fault-lines'. It is argued that such contestations and fault-lines exist in the manner in which conceptions like sovereignty, nationality, territoriality, jurisdiction, and legal obligation are clothed and implemented in the international legal discourse. The example of Rohingya refugee crisis from India is employed to contextualise the dis- cussion. Some notable developments towards the construction of a more robust regime for refugee protection under international law have also been highlighted in the last section. Introduction .......................... 2 The Rohingya Situation ............... 7 The Challenges: Refugees in India .......... 4 The Challenges of Refugee Protection: A Law and Policy on Refugees in India ..... 4 Doctrinal Investigation ................ 9 Associate Professor of International Law and Founding Director, Centre for Post Graduate Legal Studies; Executive Director, Centre for South Asian Legal Studies, Jindal Global Law School, O.P. Jindal Global University, Sonipat, NCR Delhi and Member, Executive Council, Indian Society of International Law, New Delhi <sdabiru@gmail.com>. Junior Research Fellow and LLM Tutor, Centre for Post Graduate Legal Studies, Jindal Global Law School, O.P. Jindal Global University, Sonipat, NCR Delhi. Previously, Assistant Professor, West Bengal National University of Juridical Sciences, Kolkata <ahmad.sidiqui88@gmail.com>. Views expressed herein are of the authors only, as are any mistakes, errors or omissions. The authors would like to acknowledge the excellent research assistance provided by Ms. Isha Jain and Ms. Radhika Goyal, students of National Law School of India University, Bangalore.

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