Global Protection of the Right to Asylum and Partial Compliance

Abstract

The paper examines obligations towards bearers of the right to asylum in circumstances of partial compliance. Who should bear the burdens when a state responsible for assisting bearers of the right to asylum fails to comply with the requirements of justice and unjustly defaults on its responsibilities? Are the complying states obligated to ‘take up the slack’ and assist the bearers of the right to asylum, or are they obligated to bear only their ‘fair share’ of burdens in the global protection of the right to asylum. The paper argues that the complying states with the capacity to assist can have an obligation of justice to assist bearers of the right to asylum when other states unjustly default on their responsibilities.