ABSTRACT
This chapter seeks to contribute to the debate surrounding mass refugee flows and burden-sharing in a region of the world that has been forced to confront difficult problems related to boat people. It examines the problems of burden-sharing from the perspective of international law by focusing on the dramatic situation of mass refugee flows. The chapter addresses the refoulement of refugees to dangerous territories which is clearly not an acceptable solution to the problems. It describes the context of limited international legal obligations. The chapter explores the key protection guarantee afforded to refugees by international law. It also explores one of the key ideas mentioned in the Refugee Convention's preamble: the promotion of international cooperation to alleviate the burden on vulnerable host States. The analysis of refugee policy in the South Pacific emphasizes a positivist approach to certain legal dilemmas created by mass refugee flows.
