Refugee children in Malaysia and the customary international law

Supaat, Dina Imam (2015). Refugee children in Malaysia and the customary international law. University of Birmingham. Ph.D.

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Abstract

The interest in embarking on this study is prompted by the predicament of refugee children under Malaysian jurisdiction and the dire need to improve their situation. This thesis is aimed at investigating the applicability of two rules relating to refugee protection: the principle of non-refoulement and the best interests of the child, which are believed to have become customary international law (CIL) which binds all states without their consent. The focus of this thesis is the prolonged problem of refugee children’s protection and the possibility of improving their conditions using international law while acknowledging that Malaysia is not a party to the 1951 Convention Relating to the Status of Refugees. The thesis begins by discussing the international refugee protection regime and the position of the CIL mechanism; this will be followed by a discussion of the Malaysian legal framework to show the gap between international law and domestic law relating to refugees. The next focus of attention is the general condition of refugee children in Malaysia and the treatment accorded to them by the authorities. Their unpleasant condition explains the link between the absence of law and their protracted situation. The next task is to examine whether or not the two principles have attained CIL status; the thesis also considers the duties of the state under the two rules, the persistent objector rule, and the application of the principles and the obligation that accompanies them as CIL in the domestic courts. Lastly, the conclusion and recommendation are presented at the end of this thesis. Noting that local resources and literature on this subject are limited, this thesis will contribute to the existing body of knowledge on this matter and provide an interesting argument to advocate legal reform to improve refugee protection in the country.

Type of Work:

Thesis (Doctorates > Ph.D.)

Award Type:

Doctorates > Ph.D.

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