Burden Sharing as an Effective Mechanism of Handling the Refugee Dilemma

12 Pages Posted: 7 Mar 2016 Last revised: 10 Nov 2016

See all articles by David Ngira

David Ngira

Utrecht University, School of Law

Shiro H. Mogeni

Mount Kenya University-Lecturer; University of Cape Town (UCT), Students

Date Written: March 7, 2016

Abstract

‘Refugee’ is one of the most contentious terms within the international human rights law. On one handsome scholars argue that one becomes a refugee immediately he/she meets the conditions of the 1951 convention, subject to the 1967 protocol and on the other hand others like Shaknove have advocated for the broadening of this term to include victims of environmental disasters and civil wars. However, this paper, considers a refugee along the definition lines of the 1951 UNHCR convention. This paper begins by exploring the different conceptions of burden sharing and traces the history of the practice. It explores the diverse strategies of informal burden sharing that have been employed in the past, before delving into strategies and options, both in law and practice. An attempt is made to examine the different ways in which a hybrid of burden sharing strategies can be utilized to guarantee the wellbeing of refugees.

Suggested Citation

Ngira, David and Mogeni, Shiro H., Burden Sharing as an Effective Mechanism of Handling the Refugee Dilemma (March 7, 2016). Available at SSRN: https://ssrn.com/abstract=2743177 or http://dx.doi.org/10.2139/ssrn.2743177

David Ngira (Contact Author)

Utrecht University, School of Law ( email )

Utrecht
Netherlands

Shiro H. Mogeni

Mount Kenya University-Lecturer ( email )

P.O.Box 342-01000
Nairobi, Nairobi 30100
Kenya
+254727321551 (Phone)

University of Cape Town (UCT), Students ( email )

Rondebosch
Capetown
South Africa
254727321551 (Phone)

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