A NEED TO REVISIT THE INTERNATIONAL REFUGEE REGIME: ADAPTING TO

THE CHANGING DIMENSIONS

Abstract

As the increased numbers of asylum seekers from developing countries reached the most
developed regions of the world during the last thirty years, critics have questioned the merits of
this treaty and argued that the Refugee Convention has become outmoded and obsolete. This
essay considers how well suited this treaty is for the protection of refugees in today's world. The
author finds that too many governments today fail at providing significant portions of their
citizenry with the most basic level of human security. Apart from the state a new cast of
persecutors have evolved. Examining how states have adapted this multilateral agreement to
these changing circumstances, the author finds that this treaty continues to be vital in protecting
the human rights of refugees thanks to two important treaty elements: a clear and fundamental
purpose to protect individuals whose governments have been unwilling or unable to do so, and
flexible terms that have enabled jurists and officials to adapt the refugee definition to the
changing nature of forced migration. Accordingly, the author's analysis confirms the conclusion
of the International Law Commission Special Rapporteur on Treaties over Time that “subsequent
practice by the parties may guide an evolutive interpretation of a treaty.”