International refugee law permeates a plethora of international, national and local arenas and is developed, interpreted and applied by a wide range of very different actors. In this diversity of contexts, how do we best study the role and place of this body of law? This article advocates for the application of ethnographic approaches in the study of international refugee law, where the positivist legal approach heavily dominates the field. It argues that ethnography’s contribution to knowledge on international refugee law lies not only in its methods, but also in its perspectives on questions of power, knowledge, reflexivity and subjectivity. The article illustrates the value of the ethnographic approach through three vignettes focusing on (i) the concept of ‘refugee’; (ii) refugee rights-claiming and rights-mobilization; and (iii) actors and processes in the creation and spread of international refugee law norms.
International refugee law permeates a plethora of international, national and local arenas and is developed, interpreted and applied by a wide range of very different actors. In this diversity of contexts, how do we best study the role and place of this body of law? This article advocates for the application of ethnographic approaches in the study of international refugee law, where the positivist legal approach heavily dominates the field. It argues that ethnography’s contribution to knowledge on international refugee law lies not only in its methods, but also in its perspectives on questions of power, knowledge, reflexivity and subjectivity. The article illustrates the value of the ethnographic approach through three vignettes focusing on (i) the concept of ‘refugee’; (ii) refugee rights-claiming and rights-mobilization; and (iii) actors and processes in the creation and spread of international refugee law norms.
The 1951 Refugee Convention and Non-Signatory States: Charting a Research Agenda
Maja Janmyr
At the end of 2020, 149 States were party to the 1951 Convention, its 1967 Protocol, or both. Forty-four members of the United Nations, however, were not party to either of these core instruments. What is the influence of the 1951 Refugee Convention in non-signatory States? How do non-signatory States engage with, and help to create, the international refugee regime?
Taking these questions as its starting point, this article aims to chart a new research agenda focusing on the relationship between non-signatory States and the 1951 Convention. It argues that a closer examination of this relationship is necessary to make an informed opinion about the relevance of the 1951 Convention more broadly. By bringing this dimension to the study of international refugee law, it thus seeks to disrupt the emphasis on signatory States in contemporary discussions of the relevance and importance of the 1951 Convention.
More concretely, the article argues that the Convention continues to structure States’ responses to refugees, and plays a central role not only in States that are party to the Convention, but also in key non-signatory States. The article details the many ways in which international refugee law norms are spread and used in non-signatory States, and how, by being present and active in global fora such as the UNHCR Executive Committee, and in negotiating soft law instruments drawing on the Convention, these States also participate in the evolution and interpretation of international refugee law.
Non-Signatory States and the International Refugee Regime
Maja Janmyr
Forced Migration Review, No. 67 (2021)
Many of the world’s top refugee-hosting countries have not acceded to the 1951 Refugee Convention and yet they engage with the international refugee regime in a number of ways. Not only are international refugee law norms being disseminated and adopted in these States but also non-signatory States often participate in the development of international refugee law by being present and active in global arenas for refugee protection.
Special Feature: Non-Signatory States and the International Refugee Regime
Forced Migration Review, No. 67 (2021)
The FMR special feature on non-signatory states is a collaboration between Forced Migration Review and the BEYOND project at the University of Oslo. The 9 articles featured in this issue reflect on the status of refugee protection in non-signatory states and the various ways these states engage with the international refugee regime.