This book examines whether a principle of fair sharing exists in international refugee law and, if so, how it should be defined.

The 1951 Refugee Convention requires States Parties to share the 'burdens' borne by States of asylum, yet it neither guarantees 'fair burden and responsibility-sharing' between States nor clarifies what this obligation entails. It also leaves 'fairness towards refugees' in burden and responsibility-sharing matters outside the scope of this obligation. To address this problem, the Global Compact on Refugees recognises 'equitable burden and responsibility sharing' as the primary guiding principle of the legal rule concerning international cooperation in the 1951 Refugee Convention. Yet it does not define the legal meaning of 'equitable' in the context of fair sharing, nor does it clarify the normative requirements of this principle. It also relies on voluntary contributions of States for the translation of this principle into practice, thereby leaving key questions unresolved.

This book addresses these gaps by conceptualising fairness through the principle of equity. It explores how fairness, by virtue of equity, can be realised in practice, setting boundaries on State discretion while accommodating the specific circumstances of host States and refugees alongside the common good of the international community. It also relies on other relevant principles, namely solidarity and good faith, to bolster its argument. Drawing on legal doctrine and the case law of the international courts and tribunals, it establishes there is an obligation arising from the legal pattern spanning from the Refugee Convention to the Refugee Compact and further provides a framework for giving practical effect to this obligation.

Offering a rigorous and original contribution to debates on fairness and burden and responsibility-sharing, this book will be essential reading for scholars, practitioners, and policymakers concerned with refugee protection and the future of international cooperation.