REFUGEE LAW AND STATE RESPONSIBILITY: OBLIGATIONS AND CONTEMPORARY CHALLENGES

Abstract

The legal framework governing refugee protection imposes significant obligations on states under international law, yet contemporary challenges continue to test the limits of state responsibility. This chapter examines the core principles of refugee law, including the 1951 Refugee Convention and its 1967 Protocol, alongside regional protection mechanisms, to assess how states interpret and implement their duties toward asylum seekers and displaced populations. It critically analyzes key obligations such as non-refoulement, access to fair asylum procedures, and the provision of basic rights, while highlighting persistent gaps in compliance. The chapter also explores emerging challenges, including the securitization of migration, protracted displacement crises, climate-induced displacement, and the erosion of asylum norms in an era of rising nationalism. By evaluating case studies from different jurisdictions, the chapter underscores the tension between state sovereignty and humanitarian imperatives, ultimately questioning whether existing legal frameworks remain fit for purpose in addressing 21st-century displacement dynamics.