Abstract
Reflecting upon the 50th anniversary of the conclusion of the 1967 Protocol relating to the Status of Refugees, this article argues that it is time for the first two links in the chain of the international refugee protection regime – the 1951 Convention and the 1967 Protocol – to be joined by a third. This third link, it is argued, should take the form of a mechanism designed to distribute more equitably between States the responsibility to provide protection and durable solutions for refugees and suggests that a tool developed by international environmental lawyers – the framework convention – could form the basis for coordinated, incremental improvement. After exploring the notion of responsibility sharing in international refugee law and examining the manner in which international environmental lawyers have tackled similar collective action problems, the article sets out the key elements of a proposed Framework Convention for Refugee Responsibility Sharing. It argues that such a convention would be: capable of being widely ratified, and thus able to serve as a forum for global efforts; principled; comprehensive; accountable; capable of linking issues so as to better serve the interests of States and refugees; and able to serve as a forum for the discussion and generation of new and innovative ideas. The article argues that there is, therefore, every reason to believe that a framework convention would lead to a more equitable sharing of responsibility for the world’s refugees, as well as an increase in the overall level of protection and the number and quality of durable solutions available.
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