TY - CHAP
T1 - Stateless rohingyas in Bangladesh and refugee status
T2 - Global order and disorder under international law
AU - Guo, Sanzhuan
AU - Gautam, Madhav
PY - 2018
Y1 - 2018
N2 - 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 persons 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?.
AB - 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 persons 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?.
KW - Rohingya
KW - statelessness
KW - Refugees
KW - human rights
KW - international law
UR - http://www.scopus.com/inward/record.url?scp=85090934353&partnerID=8YFLogxK
UR - https://www.routledge.com/Global-Governance-and-Regulation-Order-and-Disorder-in-the-21st-Century/Ireland-Piper-Wolff/p/book/9781472489012
M3 - Chapter
SN - 9781472489012
SN - 1472489012
T3 - Law, Ethics and Governance Series
SP - 83
EP - 99
BT - Global governance and regulation
A2 - Wolff, Leon
A2 - Ireland-Piper, Danielle
PB - Routledge, Taylor & Francis
CY - London, United Kingdom
ER -
