Rights of Migrants and Refugees and State Obligation under International Law: An Analysis under the Notion of Place of Safety

Abstract

This dissertation critically analyses the obligations that states have towards migrants and refugees under international law, with special attention paid to the 'place of safety' concept. A crucial part of creating adequate and compassionate responses to the growing global problem of displaced individuals is the interpretation and application of this concept. The legal responsibilities of states are influenced by various frameworks such as international law, human rights law, refugee law, and maritime law. To decipher these complexities, the study utilized a research method consisting of a thorough analysis of legal instruments, case law, and academic commentary. Additionally, the study examined specific cases where the 'place of safety' concept was applied. Focusing on the tension between state sovereignty and state obligations under international law, this dissertation puts the 'place of safety' provision under the legal microscope. Through its interrogation, it is suggested that a universally accepted, all-encompassing definition for a 'place of safety' is required to bolster legal certainty and foster enhanced compliance by states. Current international frameworks leave migrants and refugees vulnerable, as the analysis reveals gaps and contradictions. States' obligations need a more nuanced and robust interpretation to adequately address the realities of mass forced migrations and human rights imperatives. By critically examining these issues, the dissertation aims to contribute to the wider discourse on the rights of migrants and refugees, while recommending measures to enhance the implementation of international law in this regard.