Chapter 6 (Nationality) Notes of Public International Law

Nationality

Meaning and Importance

Nationality is a legal and political bond between an individual and a state, granting the individual rights, responsibilities, and protection under international law. It establishes identity, legal status, and a sense of belonging. The concept of nationality is essential in determining an individual's rights, obligations, and legal standing within a state and in the international community.

The term ‘nationality’ is derived from the Latin word 'natio,' meaning birth or tribe. While often used interchangeably with citizenship, nationality encompasses broader aspects, including legal, political, and social connections between an individual and a state.

Definition of Nationality

Various legal scholars and international instruments define nationality as follows:

• Oppenheim: "Nationality of an individual is his/her quality of being a subject of a certain state."
• J.G. Starke: "Nationality is the most frequent and sometimes the only link between an individual and a state, ensuring that effect be given to that individual's rights and obligations in international law."
• ICJ (Nottebohm Case, 1955): Nationality is a "legal bond having at its basis a social fact of attachment, a genuine connection of existence, interests, and sentiments."
• European Convention on Nationality (1997): Defines nationality as the legal bond between an individual and a state that does not necessarily indicate a person’s ethnic origin.

Importance of Nationality

Nationality plays a fundamental role in both domestic and international law. It is crucial for individuals, states, and global governance. Some of its key aspects include:

1. Identity and Legal Status

Nationality provides individuals with a recognized legal identity and status, distinguishing them from stateless persons. It determines an individual’s membership in a sovereign state and provides access to state protections and privileges.

2. Rights and Privileges

Nationality is the foundation for civil, political, social, and economic rights. It enables individuals to:

• Obtain a passport and travel internationally.
• Vote and participate in democratic governance (in states where nationality equates to citizenship).
• Access education, healthcare, and social security.
• Own property and engage in business transactions.

3. Diplomatic Protection

States are obligated to protect their nationals abroad under international law. A national can seek assistance from their government’s consular offices in cases of legal disputes, wrongful detention, or emergency situations.

• Example: In the Nottebohm Case (ICJ 1955), Liechtenstein’s claim of diplomatic protection for Nottebohm was denied because his ties with the state were not substantial.

4. Basis for State Jurisdiction

Nationality determines which state has jurisdiction over an individual concerning laws, taxation, military service, and legal responsibilities. It enables a state to:

• Prosecute its nationals for crimes committed abroad (extraterritorial jurisdiction).
• Impose income tax obligations on its nationals residing overseas (e.g., the U.S. global tax system).

5. Extradition and Refugee Rights

• Many states refuse to extradite their nationals to foreign jurisdictions, ensuring legal protection.
• Nationality is crucial in defining refugee status and asylum-seeking rights under the 1951 Refugee Convention.

6. Wartime Considerations

During armed conflicts, nationality determines:

• Whether an individual is considered an enemy national.
• The obligations of a state towards prisoners of war.
• Military service requirements and obligations of nationals.

7. Right to Enter and Reside in One’s Country

Under international human rights law, individuals have the inalienable right to enter and reside in their country of nationality.

• ICCPR (Article 12): “No one shall be arbitrarily deprived of the right to enter his own country.”
• Example: Many countries repatriate their nationals in times of crises, such as wars and pandemics.

8. Prevention of Statelessness

Nationality prevents individuals from becoming stateless, which would leave them vulnerable to:

• Lack of legal rights and protections.
• Inability to access basic services such as healthcare and education.
• Risk of deportation or discrimination.

9. International Recognition and Mobility

A recognized nationality facilitates:

• Employment and migration opportunities in foreign countries.
• Acquisition of visas, residence permits, and work authorization abroad.
• Participation in international organizations and treaties.

Nationality is a fundamental concept that defines an individual's legal identity and affiliation with a state. It plays a crucial role in ensuring rights, protection, and international recognition. Challenges such as statelessness, arbitrary deprivation of nationality, and dual nationality issues continue to shape international discussions on nationality laws. The importance of nationality extends beyond individual benefits, as it is essential for state sovereignty, governance, and diplomatic relations.

MODES OF ACQUIRING AND LOSING NATIONALITY

I. Introduction

Nationality is the legal bond between an individual and a state, signifying a permanent allegiance. It determines rights, duties, and diplomatic protection. Nationality plays a key role in state jurisdiction, political rights, and diplomatic protection under international law.

A. Definition

1. ICJ in Nottebohm Case (1955):
• Defined nationality as a “legal bond based on a genuine connection of existence, interests, and sentiments.”
2. European Convention on Nationality (1997, Article 2):
• Nationality "does not indicate the person’s ethnic origin but rather the legal relationship between an individual and a state."
3. Oppenheim’s Definition:
• “Nationality of an individual is his or her quality of being a subject of a certain state.”
4. J.G. Starke’s Definition:
• Nationality is the most frequent and sometimes the only link between an individual and a state, ensuring that effect be given to that individual's rights and obligations in international law.

II. Historical Background

• Ancient and Medieval Periods: Allegiance was based on feudal loyalty rather than nationality.
• 18th and 19th Centuries: The modern concept of nationality evolved with nation-states and codified laws.
• 20th Century: The rise of human rights laws (e.g., UDHR, 1948) linked nationality to fundamental rights.
• Modern International Law: Focuses on preventing statelessness, regulating dual nationality, and limiting arbitrary deprivation.

III. Modes of Acquiring Nationality

1. Ex Lege (By Operation of Law)

Nationality is automatically granted by law based on birth or descent.

A. Jus Soli (Right of the Soil)

• Grants nationality based on birthplace.
• Examples:
• United States – The 14th Amendment grants automatic nationality to anyone born on U.S. soil.
• Canada, Brazil – Follow Jus Soli with limited exceptions.
• Nepal (Before 1990) – The Citizenship Act 2006 allows citizenship to those born before April 1990 in Nepal.
• Case Law:
• United States v. Wong Kim Ark (1898): The U.S. Supreme Court ruled that a child born in the U.S. to foreign parents was a U.S. citizen under Jus Soli.

B. Jus Sanguinis (Right of Blood)

• Grants nationality based on descent.
• Examples:
• Germany, Italy, Japan – Grant nationality if at least one parent is a national.
• Nepal – Allows Jus Sanguinis but restricts it for children born to Nepali mothers and foreign fathers (Articles 14, 15 of the Constitution).
• Case Law:
• Chhabi Peters v. District Administration Office, Kathmandu (NKP 2049, Vol. 5, p. 444) – Nepal’s Supreme Court denied nationality to children of a Nepali mother and a foreign father.

2. Naturalization

Nationality is acquired through a formal legal process.

A. By Residence

• A person becomes a national after a specific period of residence.
• Example:
• United Kingdom: Grants nationality after 5 years of residence.
• Nepal: Allows naturalization but restricts foreign men married to Nepali women from acquiring citizenship easily.
• Case Law:
• Nottebohm Case (1955) – Nottebohm’s Liechtenstein nationality was denied by ICJ due to lack of genuine connection.

B. By Marriage

• Some states allow foreign spouses to obtain nationality.
• Examples:
• France: Grants nationality after 3 years of marriage.
• Nepal: Grants nationality to foreign wives of Nepali men but not vice versa.

C. By Economic Investment

• Some states allow nationality in exchange for investment.
• Examples:
• Malta: Grants nationality under its Individual Investor Programme.
• Cyprus, St. Kitts and Nevis: Provide "Golden Passport" schemes.

D. By Declaration of Allegiance

• A person acquires nationality by pledging allegiance to a state.
• Example:
• United States: Requires a naturalization oath to complete the process.

E. By Honorary Citizenship

• States grant honorary nationality for outstanding contributions.
• Example:
• Nelson Mandela – Received honorary Canadian citizenship.

3. Territorial Changes

• Nationality is affected by political changes.

A. By Subjugation

• If a state annexes territory, residents may acquire the new nationality.
• Example:
• The annexation of Crimea by Russia (2014) led to automatic Russian nationality for residents.

B. By Cession

• If a state transfers a territory, citizens acquire the new nationality.
• Example:
• Hong Kong’s transfer from Britain to China (1997) changed residents' nationality.

C. By Option

• When a state splits, people can choose nationality.
• Example:
• India-Pakistan Partition (1947) – People had the option to choose their nationality.

IV. Modes of Losing Nationality

1. Ex Lege Termination

• Automatic loss of nationality by law.
• Example:
• Nepal, India – Nationality is lost if a citizen acquires another nationality.

2. Voluntary Renunciation

• Individuals formally give up nationality.
• Example:
• U.S. allows renunciation before a consulate.

3. Involuntary Termination

• State revokes nationality for serious offenses.
• Examples:
• Fraud in naturalization
• Treason or terrorism
• International Protection:
• UDHR (1948, Article 15): Prohibits arbitrary deprivation of nationality.
• Statelessness Convention (1954): Protects individuals from losing all nationality.

4. Expiration

• Some states cancel nationality if a person stays abroad too long.
• Example:
• Denmark – Revokes nationality after prolonged absence.

V. Statelessness and International Protections

A. Causes of Statelessness

• Conflicting nationality laws.
• Discriminatory laws (e.g., gender-based restrictions).
• State succession (e.g., breakup of the Soviet Union).
• Arbitrary revocation (e.g., Myanmar’s Rohingya crisis).

B. Key International Conventions

1. 1954 Convention Relating to the Status of Stateless Persons – Protects stateless individuals.
2. 1961 Convention on the Reduction of Statelessness – Requires states to prevent statelessness.

C. Case Law

• Sabina Damai v. CDO, Dolakha (2011) – Nepal’s SC ruled that children of unknown fathers can get citizenship through the mother.

Nationality is essential for legal identity, political rights, and state protection. States must balance sovereignty with human rights to prevent statelessness and arbitrary deprivation. The Nottebohm case, UDHR, and Statelessness Conventions reinforce the principle of genuine connection in nationality laws.

STATELESSNESS AND DOUBLE NATIONALITY: A COMPREHENSIVE ANALYSIS

I. Introduction

Nationality is essential for legal identity, state protection, and human rights. However, some individuals lack a nationality (stateless persons), while others hold multiple nationalities (dual or multiple nationals). Both conditions raise legal and diplomatic complexities in international law.

• Statelessness refers to individuals who are not recognized as nationals by any state.
• Double Nationality (or Dual/Multiple Nationality) occurs when a person simultaneously holds the nationality of two or more states.

II. STATELESSNESS

1. Definition and Concept

According to the 1954 Convention Relating to the Status of Stateless Persons, a stateless person is:

“A person who is not considered as a national by any state under the operation of its law.”

Thus, stateless individuals lack the basic rights associated with nationality, such as legal identity, political rights, employment, healthcare, and freedom of movement.

• De Jure Statelessness: Individuals who legally have no nationality under any state’s law.
• De Facto Statelessness: Individuals who have a nationality on paper but cannot exercise the rights associated with it (e.g., Rohingya in Myanmar).

2. Causes of Statelessness

1.      Conflict of Nationality Laws

• Different states apply different nationality laws (e.g., Jus Soli vs. Jus Sanguinis) leading to stateless children.
• Example: A child born in a Jus Soli country (e.g., U.S.) to parents from a Jus Sanguinis country (e.g., Japan) that does not recognize nationality by descent may be stateless if neither country grants nationality.

2.      State Succession and Dissolution

• When states break up or territories shift, some people lose their nationality.
• Example:
• Soviet Union Dissolution (1991) left thousands stateless as newly independent states did not automatically grant nationality to former Soviet citizens.
• Tibetans and Sikkimese lost their nationality when China and India annexed these territories.

3.      Arbitrary Deprivation of Nationality

• Governments sometimes strip individuals of their nationality due to political, racial, or ethnic discrimination.
• Example:
• Rohingya Crisis (Myanmar) – Myanmar's 1982 Citizenship Law revoked Rohingya nationality, rendering them stateless.
• Palestinians – Many lost nationality after the creation of Israel in 1948.

4.      Gender Discrimination in Nationality Laws

• Some countries do not allow women to pass nationality to their children, leading to statelessness if the father’s nationality is unknown or denied.
• Example:
• Nepal: Until 2006, a Nepali woman married to a foreigner could not pass citizenship to her child.

5.      Loss or Renunciation of Nationality without Another in Place

• Some individuals renounce nationality (e.g., to become naturalized elsewhere) but fail to acquire a new one, leaving them stateless.

3. International Legal Framework on Statelessness

A. 1954 Convention Relating to the Status of Stateless Persons

• Provides legal protections to stateless persons, including:
• Right to identity documents and travel papers.
• Right to employment, education, and access to courts.
• Non-discrimination principle.

B. 1961 Convention on the Reduction of Statelessness

• Aims to prevent and reduce statelessness, requiring states to:
• Grant nationality to children born stateless on their territory.
• Prevent arbitrary deprivation of nationality.

C. Universal Declaration of Human Rights (1948, Article 15)

• Declares that:
• "Everyone has the right to a nationality."
• "No one shall be arbitrarily deprived of their nationality."

D. International Covenant on Civil and Political Rights (ICCPR, 1966)

• Article 12: Protects the right of individuals to enter their own country, preventing stateless persons from being denied re-entry.

4. Case Law on Statelessness

1. Chhabi Peters Case (Nepal, 2049 B.S.)

• Issue: Nepali mother’s children denied citizenship because their father was a foreigner.
• Ruling: The Supreme Court denied nationality, reinforcing Nepal’s patrilineal citizenship policy.

2. Sabina Damai v. CDO, Dolakha (2011, Nepal Supreme Court)

• Issue: Stateless children of mothers who cannot identify the father.
• Ruling: Court allowed nationality through the mother, marking a progressive shift in Nepalese law.

3. Nottebohm Case (ICJ, 1955)

• Issue: Friedrich Nottebohm, a German-born businessman, was denied Liechtenstein nationality because he lacked a genuine connection to the country.
• Ruling: Nationality must be based on a genuine link; arbitrary nationality grants do not hold in international law.

III. DOUBLE NATIONALITY (DUAL OR MULTIPLE NATIONALITY)

1. Definition

Dual nationality occurs when an individual is legally recognized as a national of two or more states simultaneously.

2. Causes of Double Nationality

1.      Jus Soli vs. Jus Sanguinis Conflict

• A child born in a Jus Soli country (e.g., U.S.) to Jus Sanguinis parents (e.g., Italy) may acquire dual nationality.

2.      Marriage

• Some states automatically grant nationality to spouses, creating dual nationality.
• Example: A French citizen marries a Mexican citizen; both countries recognize them as nationals.

3.      Naturalization

• Some individuals retain their original nationality while acquiring a new one.
• Example: A Nepali moves to the U.S., becomes an American citizen, but Nepal does not allow dual nationality, leading to a loss of Nepali nationality.

4.      State Succession

• After the dissolution of a state, some people retain multiple nationalities.
• Example: Hong Kong residents retained British Nationality Overseas (BNO) status while also becoming Chinese citizens in 1997.

3. Legal Aspects of Dual Nationality

A. Hague Convention on Conflict of Nationality Laws (1930)

• Encourages states to avoid dual nationality conflicts.
• Article 5: A third state can choose to recognize only one nationality.

B. European Convention on Nationality (1997)

• Allows dual nationality in cases of birth or marriage.

C. U.S. v. Bhagat Singh Thind (1923)

• Issue: Whether an Indian immigrant could claim U.S. nationality while retaining Indian nationality.
• Ruling: Dual nationality was not recognized at that time.

4. Challenges of Double Nationality

1. Double Taxation – Citizens may be taxed in both countries.
2. Military Service Conflicts – Some states require compulsory military service.
3. Political Conflicts – Some states restrict dual nationals from holding office.

Both statelessness and dual nationality pose legal challenges in international law. While stateless persons face human rights violations, dual nationals face conflicts of obligations between states. International law aims to reduce statelessness while balancing state sovereignty in nationality matters.

ALIENS, THEIR STATUS, AND EXPULSION: A DETAILED ANALYSIS

I. Introduction

An alien is a person who is not a national of the country in which they are residing. Aliens include foreign workers, tourists, refugees, asylum seekers, and stateless individuals.

• Definition:
• Oppenheim: "An alien is any individual who does not possess the nationality of the state in which they are residing."
• Vienna Convention on Consular Relations (1963): Recognizes aliens as persons living in a foreign state with legal protections under international law.
• Types of Aliens:
• Resident Aliens – Foreign nationals living permanently in another country (e.g., Green Card holders in the U.S.).
• Non-Resident Aliens – Individuals present for a short duration (e.g., tourists, students).
• Enemy Aliens – Nationals of an opposing country during wartime.
• Illegal Aliens – Individuals residing without legal permission (e.g., undocumented immigrants).

II. Status of Aliens Under International Law

Aliens have certain rights and obligations under both international and domestic law. However, these rights are not absolute and are often limited compared to nationals.

1. Rights of Aliens Under International Law

A. Universal Declaration of Human Rights (UDHR, 1948)

• Article 13 – Aliens have the right to freedom of movement.
• Article 14 – Aliens have the right to seek asylum from persecution.

B. International Covenant on Civil and Political Rights (ICCPR, 1966)

• Article 2 – Aliens must be granted equal protection before the law.
• Article 13 – Prohibits arbitrary expulsion without due process.

C. International Labour Organization (ILO) Conventions

• Protect migrant workers and ensure equal pay and working conditions.

D. Vienna Convention on Diplomatic Relations (1961) and Consular Relations (1963)

• Grants special protections to diplomatic personnel and foreign consuls.

2. Rights of Aliens Under National Laws

• Civil Rights: Many countries grant civil liberties to aliens, such as property ownership and business rights.
• Economic Rights: Some states allow aliens to work, but restrictions apply in government jobs.
• Political Rights: Aliens generally cannot vote or hold public office.

Case Law: Fong Yue Ting v. United States (1893, U.S. Supreme Court)

• Issue: Chinese laborers challenged the U.S. government's power to deport them under the Chinese Exclusion Act.
• Ruling: The U.S. had absolute power to expel aliens, reaffirming sovereignty over immigration matters.

III. Obligations of Aliens

Aliens are subject to national laws and must:

1. Obey the laws of the host country.
2. Pay taxes if applicable.
3. Not engage in activities against national security.
4. Respect cultural norms and customs.

Failure to comply may result in penalties, deportation, or denial of entry.

IV. Expulsion of Aliens

1. Definition and Concept

• Expulsion refers to the forcible removal of an alien from a state’s territory.
• Expulsion is a sovereign right of states but must comply with international legal standards.

2. Legal Framework for Expulsion of Aliens

A. ICCPR (1966, Article 13)

• Expulsion must follow due process.
• Prohibits mass expulsions.

B. European Convention on Human Rights (ECHR, 1950)

• Article 3 – Prohibits expulsion to a country where the alien may face torture or inhuman treatment.
• Article 8 – Protects family life, restricting expulsion in cases where it may violate human rights.

C. Convention Against Torture (1984, Article 3)

• Prohibits deportation to a country where torture is likely.

3. Grounds for Expulsion

States may expel aliens for:

1. Illegal Entry or Overstaying a Visa – Deportation of undocumented immigrants.
2. National Security Threats – Espionage, terrorism, or inciting violence.
3. Criminal Activities – Involvement in drug trafficking, fraud, or violent crimes.
4. Economic Burden – Expulsion of individuals who become a burden on public resources.

Case Law: Chahal v. United Kingdom (1996, European Court of Human Rights)

• Issue: UK tried to deport a Sikh activist to India on national security grounds.
• Ruling: The ECHR ruled against expulsion, citing risk of torture in India.

4. Due Process in Expulsion

International law requires procedural safeguards in expulsion cases:

1. Right to a fair hearing.
2. Right to legal representation.
3. Right to appeal against deportation orders.

Case Law: Soering v. United Kingdom (1989, European Court of Human Rights)

• Issue: Germany sought the extradition of a German citizen from the UK to the U.S., where he faced the death penalty.
• Ruling: The ECHR blocked extradition, citing inhuman treatment concerns.

5. Mass Expulsions and Arbitrary Expulsions

• Mass expulsion refers to the collective removal of aliens without individual assessments.
• Arbitrary expulsion occurs when aliens are removed without valid legal justification.

Case Law: Guinea Expulsions Case (ECOWAS Court, 2018)

• Issue: Guinea expelled thousands of ECOWAS nationals without due process.
• Ruling: ECOWAS Court ruled that mass expulsions violated human rights.

6. Special Protections Against Expulsion

A. Refugees and Asylum Seekers

• 1951 Refugee Convention (Article 33: Non-Refoulement Principle)
• Prohibits expulsion of refugees to a country where they face persecution.

B. Stateless Persons

• 1954 Convention Relating to the Status of Stateless Persons
• Prohibits arbitrary expulsion without due process.

C. Diplomatic and Consular Protections

• Under the Vienna Convention on Diplomatic Relations (1961), diplomats cannot be expelled without declaring them persona non grata.

V. Contemporary Issues in the Expulsion of Aliens

1.      U.S. Immigration Policies

• Trump’s Executive Orders on deportation increased the removals of illegal immigrants.
• Biden Administration introduced protections for DACA (Deferred Action for Childhood Arrivals) recipients.

2.      European Migrant Crisis

• Mass deportations of Syrian refugees raise concerns under EU human rights laws.

3.      China’s Expulsion of Foreign Journalists (2020)

• Expelled Western journalists for alleged interference in domestic affairs.

4.      India’s NRC (National Register of Citizens) and Rohingya Expulsions

• India is accused of expelling stateless Rohingya refugees, violating international norms.

Conclusion

• Aliens have legal rights under international and national laws, but their status remains precarious.
• Expulsion is a sovereign right but must comply with human rights norms.
• International law prohibits arbitrary and mass expulsions, ensuring due process and non-refoulement protections.

ASYLUM AND STATUS OF REFUGEES: A COMPREHENSIVE ANALYSIS

I. INTRODUCTION

A. Definition of Asylum

Asylum is the protection granted by a state to a foreign individual who has fled persecution, war, or serious harm in their home country.

• Universal Declaration of Human Rights (UDHR, 1948, Article 14(1)):
• “Everyone has the right to seek and to enjoy in other countries asylum from persecution.”
• J.G. Starke:
• Asylum involves two elements:
1. Shelter and protection beyond temporary refuge.
2. Active steps by the host country to protect the individual.

B. Definition of a Refugee

• 1951 Refugee Convention (Article 1A(2)):
  A refugee is someone who:
• "Owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, unwilling to avail himself of the protection of that country."

Thus, all refugees are asylum seekers, but not all asylum seekers are refugees.

C. Key Differences Between Asylum Seekers and Refugees

Criteria	Asylum Seeker	Refugee
Legal Status	Individual awaiting refugee status determination	Recognized under the 1951 Refugee Convention
Protection	Temporary protection until claim is processed	Full protection under international law
Process	Must apply for asylum in host country	Often processed by UNHCR before relocation

II. TYPES OF ASYLUM

1. Territorial Asylum

• Granted when an individual is physically present in the host country.
• Examples:
• Dalai Lama (India, 1959) – Fled Tibet after China’s annexation.
• Edward Snowden (Russia, 2013) – Sought asylum to avoid U.S. prosecution.

2. Diplomatic (Extra-Territorial) Asylum

• Granted within an embassy, consulate, or foreign military base.
• Case Law: Asylum Case (Colombia v. Peru, ICJ 1950)
• Issue: Colombia granted asylum to a Peruvian opposition leader inside its embassy in Lima.
• Ruling: ICJ ruled that Peru was not obligated to grant safe passage since there was no binding custom.

3. Political Asylum

• Given to individuals persecuted for political beliefs.
• Example:
• Julian Assange (Ecuador, 2012–2019) – Granted asylum in the Ecuadorian embassy in London.

4. Temporary Humanitarian Asylum

• Given in cases of natural disasters, armed conflicts, or generalized violence.
• Example:
• Syrian refugees were given temporary protection status in Turkey.

III. INTERNATIONAL LEGAL FRAMEWORK FOR ASYLUM AND REFUGEES

1. 1951 Refugee Convention and 1967 Protocol

The cornerstone of international refugee protection.

·         Non-Refoulement Principle (Article 33):

• Prohibits returning refugees to countries where they face persecution or serious harm.
• Case Law: Chahal v. UK (ECHR, 1996)
• Issue: UK attempted to deport a Sikh activist to India on security grounds.
• Ruling: ECHR ruled that non-refoulement is absolute, even for security threats.

·         Rights of Refugees:

• Right to non-discrimination (Article 3).
• Right to freedom of movement (Article 26).
• Right to employment and education (Articles 17, 22).

2. Other International Conventions

• Universal Declaration of Human Rights (UDHR, 1948, Article 14) – Recognizes asylum as a human right.
• International Covenant on Civil and Political Rights (ICCPR, 1966, Article 12) – Protects refugees from arbitrary deportation.
• Convention Against Torture (CAT, 1984, Article 3) – Prohibits the expulsion of individuals to states where they might face torture.
• Regional Agreements:
• EU Qualification Directive (2011) – Establishes common standards for refugee status in EU countries.
• OAU Convention (1969, Africa) – Expands refugee definition to include external aggression and occupation.
• Cartagena Declaration (1984, Latin America) – Includes generalized violence as a ground for refugee status.

IV. REFUGEE STATUS DETERMINATION (RSD) PROCESS

1. Definition of RSD

Refugee Status Determination (RSD) is the legal and administrative process through which governments or UNHCR determine whether an asylum seeker qualifies as a refugee under international law.

2. Steps in RSD Process

1. Registration and Filing a Claim
2. Pre-Screening and Interviews
3. Evidence Assessment
4. Decision on Refugee Status

3. Case Law on RSD

• Soering v. United Kingdom (ECHR, 1989) – Blocked extradition due to risk of inhuman treatment.
• Karanakaran v. Secretary of State for the Home Department (UK, 2000) – "Real risk" is enough for RSD; certainty is not required.

V. CHALLENGES FACED BY REFUGEES AND ASYLUM SEEKERS

1. Refoulement (Forced Return to Danger) – Rohingya refugees deported from India to Myanmar (2019).
2. Statelessness – Nepal’s patrilineal citizenship laws left many children stateless.
3. Border Detention and Poor Living Conditions – EU Migrant Crisis (2015).
4. National Security Concerns – U.S. Travel Ban (2017).

VI. STATE RESPONSIBILITY TOWARD REFUGEES

1. Admitting and Processing Refugee Claims
2. Ensuring Non-Refoulement
3. Providing Basic Rights (education, healthcare, work permits)
4. Finding Durable Solutions
• Voluntary Repatriation – Safe return to home country.
• Local Integration – Granting nationality in host country.
• Resettlement – Relocation to a third country.

VII. CONTEMPORARY REFUGEE CRISES

1. Syrian Refugee Crisis – 6 million displaced due to civil war.
2. Afghanistan Refugee Crisis – Taliban takeover (2021).
3. Rohingya Crisis (Myanmar-Bangladesh) – 700,000+ Rohingya fled persecution to Bangladesh.

CONCLUSION

• Asylum and refugee protection are fundamental human rights issues under international law.
• Refugee Status Determination (RSD) is critical for legal protection and non-refoulement.
• States must balance sovereignty and security with humanitarian responsibilities.