The Need to Establish and Enforce the Liability of Refugee-Generating Entities: Addressing the Normative Lacuna in the Intersection between International Refugee Law and the Law of International Responsibility
23 Pages Posted: 26 Oct 2018
Date Written: August 31, 2018
The objective of this article is to first establish the liability of Refugee-Generating Entities (RGEs) in international law and then explore a realistically possible mechanism to enforce it. In order to establish the liability of RGEs, we need to (1) identify who are RGEs (Part 2) and; (2) find a theoretical framework to establish RGEs’ liability in international law (Part 3). In the search for theoretical framework, it will be demonstrated that the law of international responsibility in its current shape is hard to seamlessly apply to RGEs (Part 3.1). Therefore, this article argues for a new way to establish RGEs’ liability based on Louis Henkin’s theory of “constitutional international law” (Part 3.2) and then envisages possible mechanisms under domestic and international law to enforce the liability of RGEs (Part 4).
Keywords: refugee generating entities, international responsibility
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