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