1. Core Legal Answer & Context: The right of asylum under international law refers to the protection granted by a state to individuals who have fled their home country due to persecution or fear of persecution. It is a fundamental human right, recognized in Article 14 of the Universal Declaration of Human Rights, which states that 'Everyone has the right to seek and to enjoy in other countries asylum from persecution.' The scope of asylum is primarily governed by the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, which define a 'refugee' and outline the obligations of states towards them, most notably the principle of non-refoulement (not returning a person to a place where they face persecution).

Types of Asylum:

1. Territorial Asylum:

• Definition: This is the most common form of asylum, granted by a state within its own territory to a person seeking refuge. It involves allowing an individual to enter and reside in the asylum-granting state, providing them with legal protection and often certain rights and benefits.
• Basis: Primarily based on the 1951 Refugee Convention and its 1967 Protocol, which define a refugee as someone who 'owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.'
• Key Principle: The principle of non-refoulement is central to territorial asylum, prohibiting states from expelling or returning a refugee 'in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion' (Article 33, 1951 Convention).
• Sovereignty: While states have a humanitarian obligation, the decision to grant asylum is ultimately an exercise of state sovereignty, subject to international law obligations.

2. Extra-territorial Asylum (Diplomatic Asylum):

• Definition: This form of asylum involves protection granted by a state within its diplomatic missions (embassies, consulates), warships, or aircraft located in the territory of another state. The individual seeking asylum is physically present within the premises of the asylum-granting state's mission, but still within the territorial jurisdiction of the host state.
• Controversy and Limited Scope: Extra-territorial asylum is highly controversial and not universally recognized as a right under general international law. It is primarily recognized in regional customary international law, particularly in Latin America, where specific conventions (e.g., the 1954 Caracas Convention on Diplomatic Asylum) govern its practice.
• Conditions: For diplomatic asylum to be valid, there must typically be an urgent case of danger to the individual's life or liberty, and the host state must consent to the safe passage of the asylum seeker out of the country. It is not intended for ordinary criminals or for individuals merely seeking to avoid lawful prosecution.
• Challenges: It often creates diplomatic tensions between the asylum-granting state and the host state, as it involves a challenge to the host state's jurisdiction over an individual within its territory.

2. Relevant Statutes and Sections:

• Universal Declaration of Human Rights (Article 14).
• 1951 Convention Relating to the Status of Refugees and its 1967 Protocol.
• Convention on Diplomatic Asylum (Caracas, 1954) (regional).

3. Important Landmark Cases:

• Asylum Case (Colombia v. Peru) (ICJ, 1950): This seminal case concerned diplomatic asylum granted by the Colombian Embassy in Lima to a Peruvian political leader. The ICJ ruled that Colombia had not proven the existence of a regional custom of diplomatic asylum that would be binding on Peru, nor had it demonstrated an urgent case of danger. The judgment significantly limited the scope of diplomatic asylum, emphasizing that it is an exceptional measure and that the state granting asylum bears the burden of proving its legality under international law or regional custom.

4. Clear Conclusion: The right to seek and enjoy asylum is a cornerstone of international human rights law, primarily manifested through territorial asylum under the 1951 Refugee Convention. This form of asylum is widely recognized and entails significant state obligations, particularly non-refoulement. Extra-territorial (diplomatic) asylum, however, has a much more limited scope, is not universally accepted in general international law, and is largely confined to specific regional practices, often leading to complex diplomatic challenges.