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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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