Perspectives in Dialogue: Debating the GCR’s Impact on the International Refugee Protection Regime

Abstract

The State adopted the Global Compact on Refugees (GCR) in 2018 to consolidate the International Refugee Protection Regime (IRPR). Drawing on International Relations (IR) theories and international law, different perspectives can be taken on the nature of the GCR and the IRPR, and their legal and non-legal relationship. The lack of a universally accepted definition for the IRPR allows for various interpretations, ranging from narrow positivism to broad global governance and self-organisation approaches. Similarly, the legal status of the GCR can be seen as non-law, soft law, or fully binding law depending on the criteria used. Applying realist, liberal, and constructivist theories, this article argues that the GCR’s anticipated legal and political development and its impact on the IRPR will be influenced by the chosen IR paradigm, reflecting different views on the rule of international law and power dynamics among stakeholders. By examining the case study of Kenya as a host of a protracted refugee operation, the article provides a practical illustration of how different IR lenses offer divergent perspectives on international burden and responsibility sharing in the Global South. This analysis aims to provide a comprehensive and nuanced understanding of the complex relationship between the GCR and the IRPR.