Burden Sharing in International Refugee Law: a Study of the Legal and Institutional Framework Vis a Viz State Practice

Abstract

Beginning in the immediate post Second World War era, refugees came to be associated with special measures for protection and assistance. International treaties providing them significant guarantees were negotiated and adopted, and an important international institution, the Office of the United Nations High Commissioner for Refugees, was created by the UN solely to cater for their welfare. Non-respect for human rights and international humanitarian law is a major cause of refugee flows. Non-respect for international refugee law standards is a major cause for human misery, wasted human potential and the onward, often irregular, movement of refugees. And, non-respect for painstakingly achieved fundamental legal guarantees in asylum procedures and decision-making is a major reason why many refugees are not able to access and enjoy the protection they deserve.