The Protection of Refugees in Southeast Asia A Legal Fiction

The analysis focuses specifically on the main countries of asylum within the ASEAN that are not parties to the 1951 Refugee Convention, namely Thailand, Malaysia and Indonesia. Using an international law perspective based on the doctrine of the 'two elements' (practice and opinio juris), the author argues that these states have long recognized that people fleeing persecution, armed conflict, and generalized violence, namely refugees, should be protected. This in turn demonstrates that they recognize the existence and relevance of the international refugee regime despite their refusal to accede to the Refugee Convention.
Offering a different perspective on the links between international refugee law and refugee protection in Southeast Asia, this book will be of interest to researchers and practitioners in the fields of international relations, international refugee law, international human rights law, migration governance, and Southeast Asian Studies.