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Refouling Rohingyas: the supreme court of India's uneasy engagement with international law
[journal article]
Abstract The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case o... view more
The complex relationship between international and municipal law has been the bone of significant scholarly contention. In the Indian context, despite a formal commitment to dualism, courts have effected an interpretive shift towards monism by espousing incorporation of international law. The case of Mohammad Salimullah v. Union of India, which involves the issue of deportation of Rohingya refugees from India, represents a challenge in this regard owing to the lack of clarity as to India’s obligations under the principle of non-refoulement. The paper uses the Supreme Court’s recent interim order in the said case as a case study to examine India’s engagement with international law. It argues that the order inadequately examines the role of international law in constitutional interpretation and has the unfortunate effect of ‘refouling’ Rohingyas by sending them back to a state where they face imminent persecution.... view less
Keywords
deportation; international law; law of nations; constitution; refugee; India; Supreme Court
Classification
Migration, Sociology of Migration
Law
Free Keywords
Rohingyas; Non-Refoulement
Document language
English
Publication Year
2021
Page/Pages
p. 116-127
Journal
Journal of Liberty and International Affairs, 7 (2021) 2
DOI
https://doi.org/10.47305/JLIA21720116k
ISSN
1857-9760
Status
Published Version; peer reviewed