LIJDLR

Immigration Law

BORDERS AND BOUNDARIES: THE DYNAMICS OF MIGRATION AND REFUGEE PROTECTION IN INTERNATIONAL LAW

Volume III Issue I /

BORDERS AND BOUNDARIES: THE DYNAMICS OF MIGRATION AND REFUGEE PROTECTION IN INTERNATIONAL LAW Trisha Gautam, 10th Semester Student at Amity Law School, Lucknow Dr. Sheeba Khalid, Assistant Professor at Amity university Lucknow Campus. Download Manuscript doi.org/10.70183/lijdlr.2024.v03.36 Migration and refugee movements have emerged as defining challenges in international law. The growing tension between state sovereignty and the duty to protect displaced persons calls for nuanced legal frameworks. This research explores the evolution of international refugee law from early conventions to modern human rights protections. It analyzes the role of key international instruments such as “The 1951 Refugee Convention”, “The 1967 Protocol”, and regional agreements like “The OAU Convention and Cartagena Declaration”. Special emphasis is placed on the principle of non-refoulement, a cornerstone norm that faces erosion due to rising nationalism. The paper critically assesses how border security laws, maritime interception practices, and externalization policies violate core human rights norms. Case law from the European Court of Human Rights such as Hirsi Jamaa and Others v. Italy, App No 27765/09 (ECtHR, 2012) demonstrates the tension between border control and refugee rights. India’s legal stance, shaped without a formal refugee law, is scrutinized through landmark judgments like NHRC v. State of Arunachal Pradesh, AIR 1996 SC 1234. The comparative study covers frameworks of the US, EU, and Australia, highlighting protection gaps and emerging trends like climate-induced migration. By examining sovereignty doctrines, extraterritorial jurisdiction, and human rights obligations, the research addresses gaps in protection regimes. It proposes a reimagined balance between national security and human dignity. The urgent need for comprehensive legal reforms, better international cooperation, and reinforcement of humanitarian values are advanced as the way forward. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume III, Issue I, Page 893-919. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. © Authors, 2024

BORDERS AND BOUNDARIES: THE DYNAMICS OF MIGRATION AND REFUGEE PROTECTION IN INTERNATIONAL LAW Read More »

AMENDING CITIZENSHIP IN A SHIFTING WORLD: INDIA’S CAA AND THE GLOBAL REFUGEE LANDSCAPE

Volume II Issue II /

AMENDING CITIZENSHIP IN A SHIFTING WORLD: INDIA’S CAA AND THE GLOBAL REFUGEE LANDSCAPE Shreyanshu Kumar, 2nd year School of law, Christ University, Bengaluru. Tisa Agarwal, 2nd year School of law, Christ University, Bengaluru. Download Manuscript ABSTRACT The migration procedure, a complex and multifaceted aspect of human civilization, has been influenced by various factors such as economic opportunities, safety reasons, and improved living standards. However, the nation-state model of political organization and the introduction of artificial borders in different parts of the world have made immigration a more intricate and challenging issue. This paper delves into the distinction between migrants and refugees, a crucial aspect that determines their legal status and rights. India’s immigration laws, with their rich historical context, are a testament to the nation’s resilience and adaptability. These laws, predominantly inherited from colonial-era statutes like the Foreigners Act of 1946, have evolved to safeguard the rights of foreigners, including refugees, in India, despite the absence of specific legislation addressing refugees. The development of citizenship laws in India, particularly the Citizenship Amendment Act (CAA) of 2019, has sparked debate due to its perceived bias. The CAA is designed to grant citizenship to persecuted minorities from neighbouring countries, but critics argue it contradicts India’s secular principles and discriminates against certain religious groups. Recent changes to the CAA rules aim to address concerns about eligibility and required documents. In contrast, countries like Australia and the United States have well-defined procedures for resettling refugees, guided by global agreements and local laws. They prioritize the protection and integration of refugees into society while also addressing security concerns. This paper also includes primary research, incorporating data from various government and international databases, such as UNHRC, Refugee Council of Australia. Dealing with migration, asylum, and refugee protection is a complex task that demands a delicate balance between humanitarian duties and the nation’s interests. As a critical player in the region and a staunch supporter of humanitarian ideals, India is tasked with maintaining fairness, justice, and empathy while navigating the intricate issues of migration in an interconnected world. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue II, Page 168-193. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

AMENDING CITIZENSHIP IN A SHIFTING WORLD: INDIA’S CAA AND THE GLOBAL REFUGEE LANDSCAPE Read More »