publication

Third World Approaches to International Law (TWAIL)

Authors:
Vincent Chetail
2025
Refugee status is a form of protection granted to persons who meet the criteria of the refugee definition under the UN Convention of 1951. The status of refugees is of declaratory nature, and, as such, a person is ipso facto entitled to the accorded rights and guarantees as soon as he or she satisfies the refugee definition. The content of refugee status is not an absolute, but rather a progressive one, in that an incremental continuum of benefits depends on the intensity of the territorial bond between a refugee and his or her state of asylum. While this incremental entitlement scheme strikes a balance between the needs of refugees and the concerns of states, it remains extremely intricate and represents a challenge to effective implementation of refugee rights in practice.