ABSTRACT

The “refugee regime” refers to “the set of norms, rules, principles and decision-making procedures that regulate states’ responses to refugees”. It is comprised of “a network of states, international organizations, and non-governmental organizations” that “govern those who are forced to flee their homes because of fear for their lives”. Most scholars agree that the strongest norm in the whole refugee regime is non-refoulement, which is part of the 1951 Convention. The paradoxical nature of state sovereignty is important in understanding how legitimate states can exclude refugees and consequently, how refugees can end up excluded from all political communities. The containment of refugees, the de facto “fourth” durable solution, is problematic in a number of ways: refugee camps are ineffective ways to provide aid to refugees, they are economically inefficient, they are largely terrible places to live, and they often make it impossible to uphold the human rights of refugees.