Asylum

2010
I. Introduction
A state `s liability to grant asylum is of ancient origins. Every state has
preliminary right to grant asylum unless it has accepted some particular
restriction in this regard e.g., a treaty of Extradition would be reasonable check
on the right of asylum to the extant of the treaty.
II. Meaning of Asylum
According to Oxford Dictionary, Asylum means sanctuary.
egally it means shelter and active protection extended to refugee from another
state by a state which admitting him on his re!uest.
"he word asylum is atin and derived from a #reek word Asylia which
means unavoidable place.
III. Defnition of Asylum
According to Starke,
According to Oppenheim, Lawrence and Fenwick,
IV. Basis of Asylum
Article $%of the &niversal Declaration of 'uman (ights $)%*,
$. `Every one has right to seek and en+oy asylum in other countries from
persecution,
,. "his right may not be invoked in the case of persecutions genuinely arising from
non-political crimes or from acts contrary to the purpose and principles of the
&nited .ations. `
V. Element of Asylum
o /helter
o Active protection 0by the authorities in the control of the territory of
Asylum1
VI. Aim to Grant Asylum
Case reference: Corfu Channel Case 1949
It was held by ICJ that Asylum may be granted on Humanitarian grounds in order to
protect political offenders against the violent actions
VII.Types of Asylum/Kinds of Asylum
1.TERRITORIAL ASYLUM
I. Definition.
"erritorial Asylum is given to an asylum seeker when he claimed it outside his
country from another state. 2t is considered as attribute of state sovereignty and
rights.
II. Resolution of General Assembl of !"O
On $%
th
December $)34, a resolution passed in #eneral Assembly which include
following points,
5hen a person, re!uested to Asylum, his re!uest should not be turned
down.
2f a state feels difficulty to grant asylum than he should measure other
appropriate for person `s safety
5hen a state grants Asylum other state should respect it.
III. #on$ention on territorial Aslum at #aracas on %&
th
'arch ()*+
`Every state has the right in the exercise of its sovereignty , to admit into its
territory such persons as it deems advisable without , through the exercise of the
right, giving rise to complaints by any other states.`
I, !" #onference on -erritorial Aslum ()..
,. #ate/ories of territorial aslum.
According to /tarke,
0olitical aslum i.e., for political defectors or political oppressions
Refu/ee aslum i.e., for refugee due to prosecution
General Aslum i.e., for person seeking economic betterment
2. EXTRA TERRITORIAL ASYLUM/Diplomatic Asylum
Extra "erritorial Asylum is a legal fiction i.e., any grant of privilege by a foreign
sovereign or an ambassador etc. Asylum granted by an asylum seeker within his
country on imminent danger. "his asylum granted within the country and the
asylum is for a limited period. 2t generally extended only of diplomatic agents
under diplomatic 2mmunities. Extra "erritorial asylum is granted by a state outside
its territory in following ways.
-he Aslum #ase1 #olombia $s. 0eru 2()*34
2t was held by 267 that there was no general right of Diplomatic Asylum.
I. #ircumstance where 56tra -erritorial Aslum ma Grant.
o As a temporary measure to individuals in physical danger
o 5here there is a binding local customary rule that diplomatic asylum is
permissible
o &nder special treaty
II. ,iews of '7#nair.

III. -pes of 56tra -erritorial Aslum.

Aslum in Forei/n 5mbass
According to /tark, Asylum is granted in foreign embassy by a state in most
exceptional cases like as a temporary measure to person in danger of mob or
state cooption where there is binding local custom that diplomatic asylum is
permissible under special treaty between both states one from refugee belongs
and other where he re!uest for asylum.
Dalai lama Aslum #ase.
Dalai lama and his followers frustrated from 6hinese oppression, seek asylum in
2ndia, which was accordingly.
8A9A DO L5 -OR5 #ase 2()*(4
"here was no extreme danger for 'A8A DO E "O(E so 2nternational 6ourt of
7ustice abrogated asylum.
Aslum in #onsular 0remises
"he same rules as that for embassy would apply to grant of asylum by the head
of consular premises.
Aslum on the 0remises of International
Institution.
2nternational aw don9t recognise any such right of 2nternational 2nstitutions to
grant any such asylum on their premises. 2n case of imminent threat of violence
or attack such asylum may be temporarily granted.
Aslum in :arship
2t is doubtful that any right exist to seek asylum on board foreign warships.
'owever, the practice of some states permits such refugee to be granted during
political disturbances to person fleeing from imminent personal danger.
#hallies ,s Fenwick #ase
2t was held that asylum, in warship can only be granted to political refugee not to
criminals.
Aslum in 'erchant ,essels
:erchant vessels dot en+oy the privilege of immunity from local +urisdiction and
as such is incapable of granting asylum, but in exceptional conditions may grant.
VIII.Diference between Asylum and Extradition
IX. Conclusion