Date of Award

4-6-2025

Document Type

Thesis

First Advisor

Dr. Deepa Prakash

Second Advisor

Dr. Julia Bruggemann

Third Advisor

Dr. Jennifer Mike

Abstract

This thesis consists of three chapters and a mini-fourth. In Chapter One, I examine the historical context of the 1951 Convention and its lasting implications. I discuss the early history of the international refugee law regime and the power dynamics that shaped the UN Convention’s drafting. Using a postcolonial lens, I evaluate how the historical context of the Convention continues to perpetuate inequalities and exclusions today, especially through the myth of difference. In Chapter Two, I address the limitations of the 1951 Convention through a comparative analysis with two regional conventions. By analyzing the definition of refugee in each convention, I highlight the constraints of the 1951 Convention and its effectiveness. In Chapter Three, I discuss the shifting dynamics of global governance by first examining the challenge to the Convention’s universality posed by regional conventions. In addition, I evaluate the impact of state noncompliance, through deterrence measures, which challenge the authority and legitimacy of both the UN Convention and the UNHCR. In the final, mini-chapter, I build upon Chapter Three and explore the emerging norm of meaningful refugee participation in international refugee law. This norm both challenges and serves as a potential complement to the current regime, as it may be a promising way to strengthen the framework by making it more inclusive and representative. Overall, the objective of this thesis is to critically assess the role and ongoing relevance of the 1951 Convention as the foundation of international refugee law today. To what extent does this 70-year-old legal instrument effectively protect refugees in today’s world? Also, to what extent do the norms and principles established by the Convention and maintained by the UNHCR remain relevant and authoritative today? These questions point to a larger issue for further research: How can the global community address issues within the current system and reform it to be more effective and equitable?

Download

Share

COinS