Keeping Up Appearances
State Sovereignty and the Protection of Refugees in Southeast Asia
Bibliographic Data
| ID | 12824283 |
|---|---|
| Authors | Sébastien Moretti (Graduate Institute of International and Development Studies, corresponding author) |
| Year | 2018 |
| Volume | 17 |
| Issue | 1 |
| Pages | 3-30 |
| Publication date | 2018-06-21 |
| Open Access | No |
| Type | ARTICLE |
| Venue | European Journal of East Asian Studies (JOURNAL) |
| Journal identifiers | ISSN: 1568-0584 • E-ISSN: 1570-0615 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/15700615-01701001 |
| OpenAlex | W2808740315 |
| Language | EN |
| Citations received | 4 |
| References cited | 16 |
The fact that most Southeast Asian States are not party to the main instruments pertaining to the protection of refugees has given rise to the ‘rejection of international refugee law’ theory, which has largely dominated the literature on the issues pertaining to refugees in Southeast Asia. Based on an analysis of the practices of Southeast Asian States with regard to refugees, this article argues that although they are not party to the 1951 Convention, the main countries of asylum in the region, i.e. Thailand, Malaysia and Indonesia, de facto treat differently the people they acknowledge to be in need of some sort of protection: that is, refugees. Unlike other irregular migrants, refugees are protected against non-refoulement and, to a certain extent, are also protected from detention for irregular entry into the territory of another State. In doing so, Southeast Asian States maintain a ‘fiction’ according to which they preserve sovereignty over the borders of their countries while in reality largely accepting the limitations posed by international refugee law
Asian studies · China · Convention · De facto · Development economics · Economics · Ethnology · International law · International relations · Political science · Politics · Refugee · Refugee law · Sociology · Southeast asia · Southeast Asian studies · Sovereignty · State (computer science · Asian Geopolitics and Ethnography · Law · Migration and Labor Dynamics · Migration, Refugees, and Integration
The Asian Rejection
The Politics of Human Rights in Southeast Asia
Non-Refoulement through Time
A Strategy of Attrition through Enforcement
Protection in the context of mixed migratory movements by sea
Filling the Gap
Legitimizing Rejection
The Bali Process and Global Refugee Policy in the Asia-Pacific Region
Mainstreaming Refugee Rights. The 1951 Refugee Convention and International Human Rights Law
Conflict and Cooperation in the Asia-Pacific Region
Asean and its approach to forced migration issues
Migration Control and the Solutions Impasse in South and Southeast Asia
"The "Boat People
Processes and Critiques of the Indo-Chinese Comprehensive Plan of Action
The May 2015 boat crisis
| Citations per year | 0.5 |
|---|---|
| Citation span | 2018 - 2025 (8) |
| Highly cited | No |