International law seeks to provide a legal "order' for statelessness. The existence of statelessness, however, reflects a "disorder" of the law in practice. The plight of stateless Rohingyas in Bangladesh is one such case. This chapter explores the complex history of Rohingyas in Myanmar and Bangladesh so as to understand their current plight. Despite all person having a right to nationality under international law, the Rohingyas have been - and continue to be - denied nationality under the domestic laws of both Myanmar and Bangladesh. In that context, this chapter seeks to answer two questions: first, do stateless Rohingyas qualify as 'refugees' under the 1951 Convention relating to the Status of Refugees and its 1967 Protocol? And second, if so, is Bangladesh then subject to the obligation of non-refoulement?
|Title of host publication||Global governance and regulation|
|Subtitle of host publication||Order and disorder in the 21st century|
|Editors||Leon Wolff, Danielle Ireland-Piper|
|Place of Publication||London, United Kingdom|
|Number of pages||17|
|ISBN (Print)||9781472489012, 1472489012|
|Publication status||Published - 2018|
|Name||Law, Ethics and Governance Series|
Guo, S., & Gautam, M. (2018). Stateless Rohingyas in Bangladesh and Refugee Status: Global Order and Disorder under International Law. In L. Wolff, & D. Ireland-Piper (Eds.), Global governance and regulation: Order and disorder in the 21st century (pp. 83-99). (Law, Ethics and Governance Series). Routledge.