O regime internacional de proteção dos refugiados para além de seu principal tratado: a perspectiva dos estados não signatários da convenção relativa ao Estatuto dos Refugiados de 1951

Abstract

This work explores the international regime for the protection of refugees beyond the application of the 1951 United Nations Convention Relating to the Status of Refugees, its main treaty. By addressing the issue of the protection of refugee rights in non-signatory States of such a treaty, this dissertation intends to demonstrate how international migration law and, consequently, its sub-area of international refugee law, survives through various sources. It also demonstrates how the non-ratification of the 1951 Convention, although it represents a bottleneck in the international protection regime and imposes practical barriers in the implementation of refugee guarantees, does not prevent international organizations, especially the United Nations High Commissioner for Refugees, from acting. This research focuses on understanding international migration law as a global framework for analysis, addressing the insertion of the 1951 Convention in this context and its importance, analyzing how the politicization of migration is harmful and impacts on the theme at a global level. Nevertheless, it seeks to envision which movement would be the eventual solution to the issue of non-signatory States: the ratification of the 1951 Convention, the signing of a new treaty or the expansion of the already existing mechanisms of international refugee law. In short, this dissertation seeks to address whether migrants are adrift in non-signatory States