International Journal of Refugee Law, 2026, 00, 1–23
https://doi.org/10.1093/ijrl/eeag028
Article
Jade Roberts *
Peter McMullin Centre on Statelessness, Melbourne Law School, Carlton, Australia
*Correspondence to: jade.roberts@unimelb.edu.au
Abstract
Bilateral agreements are an increasingly common mode of state responses to the phenomenon of asylum seeking and irregular migration. Less well-known are bilateral
responses to statelessness. In 2008, the United Arab Emirates concluded an arrangement with the Union of the Comoros to supply Comorian passports to the United Arab
Emirates’ stateless bidun population in exchange for the payment of US$200 million.
In 2014, Kuwait contemplated a similar arrangement with the small, East African
island nation. This article examines the legality of the bilateral agreement made
between the United Arab Emirates and the Comoros. It draws comparisons between
this arrangement and bilateral responses to asylum seeking and irregular migration
and it identifies lessons learned from this comparison. When placed side by side, it
argues that bilateral agreements in both contexts are indicative of a growing deterritorialization and commodification of protection.
1. Introduction
States, particularly those in the Global North, are increasingly responding to the arrival of
asylum seekers and irregular migrants through the conclusion of bilateral agreements. These
agreements attempt to shift the functions of controlling migration and processing asylum
claims to other countries, with the overarching aim of reducing the number of asylum seekers and irregular migrants reaching a country’s borders.1 This practice is variously referred
1
She is grateful to the handling editor and the anonymous reviewers for their insightful comments, which
greatly improved this analysis.
Bill Frelick, Ian M Kysel and Jennifer Podkul, ‘The Impact of Externalization of Migration Controls on the
Rights of Asylum Seekers and Other Migrants’ (2016) 4 Journal on Migration & Human Security 190, 191.
© The Author(s) (2026). Published by Oxford University Press.
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Outsourcing protection: lessons
from bilateral responses
to statelessness
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