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The Legal Protection of Refugee and International Security

Received: 15 May 2019    Accepted: 10 June 2019    Published: 27 June 2019
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Abstract

The term “refugee” in international law is characterized, on the one hand, by the principle of State sovereignty and, on another, by competing humanitarian principles deriving from general international laws and treaties. The study of protection of refugee invites a look not only at States’ obligations regarding admission and treatment after entry, but also at the potential responsibility under the international law of the State, whose conduct or omissions cause an outflow. In general sense the community of nations is responsible for finding solutions and providing international protection to refugee. This special mandate was entrusted to United Nations High Commissioner for Refugees (UNHCR), the agency committed to save and protect human lives, rights and supporting refugees, forcibly displaced communities and stateless people. At the beginning of the 21st century, protecting refugees means maintaining solidarity with the world’s most threatened, while finding answers to the challenges confronting the international system that was created to do just that. The aim of this article is to describe the foundations and the framework of international refugee law, to define refugees and protection of refugees; as well as to provide a brief analysis of the changing migration and asylum dynamics in the region and outline some of the main challenges arising in this context.

DOI 10.11648/j.ss.20190803.18
Published in Social Sciences (Volume 8, Issue 3, June 2019)
Page(s) 125-131
Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.

Copyright

Copyright © The Author(s), 2024. Published by Science Publishing Group

Keywords

Legal Protections, Refugee, Freedom of Movement, International Security, Managing Borders

References
[1] Guy S. Goodwin and Jane McAdam, “The Refugee in International Law”, Oxford University Press, third edition, 2007, p.15.
[2] Erika Feller, “The United Nations and the Protection of Human Rights" - The Evolution of the International Refugee Protection Regime”, UN High Commissioner for Refugees (UNHCR), 18 November 2000, available at: https://www.refworld.org/docid/42a6b00f2.html.
[3] League of Nations, Treaty Series, Vol. CLIX, No. 3663.
[4] League of Nations, Official Journal, XIXth Year, Nos 8-9, August-September 1938, pp. 676 and 677; C. 244 M. 143.1938 XII, annex.
[5] 1938 19 (8-9) LNOJ 676-7. Also see UN Press Release SG/REF/3, 23 July 1979.
[6] Gilbert Jaeger, “On the history of the international protection of refugees”, RICR Septembre IRRC September 2001 Vol. 83 No 843.
[7] Guy S. Goodwin and Jane McAdam, “The Refugee in International Law”, Oxford University Press, third edition, 2007, p.18.
[8] Gil Loescher, James Milner, “Protracted Refugee Situations: Domestic and International Security Implications’, International Institute for Strategic Studies, 2005, p.7.
[9] Erika Feller, “The Evolution of the International Refugee Protection Regime”, Journal of Law & Policy [Vol. 5: 129), 2001, pp. 129-30.
[10] Universal Declaration of Human Rights; American Convention on Human Rights, art. 22 (7); African [Banjul] Charter on Human and Peoples’ Rights, art. 12 (3).
[11] Resolutions adopted by the General Assembly during its 22nd session. Volume I, 19 September-19 December 1967. - A/6716. - p. 81. - (GAOR, 22nd sess., Suppl. no. 16).
[12] UNGA res. (V), annexe, paras. 1, 2.
[13] Erika Feller, “The Evolution of the International Refugee Protection Regime”, Washington University Journal of Law & Policy, 2001, p. 134.
[14] Guy S. Goodwin – Gill, The Refugee in International Law, Clarendon Press, 1996, p. 15; UNGA res. 36/148, 16 Dec. 1981; UN doc. A/41/324 (May 1986).
[15] Refugee Protection and International Migration in the Western Balkans: Suggestions for a Comprehensive Regional Approach, September 2013, available at: http://www.unhcr.org/531d88ee9.html.
[16] Sadruddin Aga Khan, “Study on Human Rights and Mass Exoduses”: UN doc. E/CN.4/1503, para. 9.
[17] United Nations General Assembly resolution 429 (V) of 14 December 1950, available at http://www.unhcr.org/refworld/docid/3b00f08a27.html.
[18] United Nations General Assembly resolution 2198 (XXI) of 16 December 1967, available at http://www.unhcr.org/refworld/docid/3b00f1cc50.html.
[19] Sibaji Pratim Basu, “The Fleeing People of South Asia: Selections from Refugee Watch”, Anthem Press, 2008, p. 16.
[20] UNHCR https://www.unhcr.org/protection-in-malaysia-591401344.html Executive Committee Conclusion N° 87 (f), 1999.
[21] OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, 1969, United Nations, Treaty Series, No. 14691.
[22] Regional Refugee Instruments & Related, Cartagena Declaration on Refugees, Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, 1984, available at: http://www.refworld.org/docid/3ae6b36ec.html.
[23] The Inter-Parliamentary Union, The International Labour Organization, and The United Nations Office of the High Commissioner for Human Rights, “Migration, human rights and governance”, Courand et Associés, p. 40.
[24] United States Committee for Refugees and Immigrants, World Refugee Survey 2009 - Ethiopia, 17 June 2009, available at: http://www.refworld.org/docid/4a40d2a594.html.
[25] Human Rights Watch, World Report 2011: Lebanon (2011).
[26] Dublin Regulation No 604/2013 of The European Parliament And Of The Council, Official Journal of the European Union, L 180/31, 2013.
[27] UN doc. ST/GENEVA/LIB/SER.B/Ref.9, 68-74.
[28] Canada: Immigration Act, 1976-77, c. 52, s. 1, 1976.
[29] U. N. Treaty Collection, Ch. V Refugees & Stateless Persons, 1954.
[30] UNHCR, Country Operations Plans.
[31] http://esa.un.org/migration/index.asp?panel=1.
[32] A World Bank Fact Sheet 2010: http://siteresources.worldbank.org/EXTANNREP2010/Resources/WorldBank-AnnualReport2010.pdf.
[33] United Nations Development Programme (UNDP). Human Development Report 2009: Overcoming barriers: Human mobility and development. http://hdr.undp.org/en/media/HDR 2009 EN Complete.pdf.
[34] Conference on Migration and Development, 2006. Background information, http://www.belgium.iom.int/internationalconference/becgroundlinfo.htm.
[35] IOM, The World Migration Report 2010: The Future of Migration: Building capacities for change, Geneva. http://publications.iom.int/bookstore/free/WMR2010ENGLISH.pdf.
[36] United Nations Population Division/DESA, Presentation at the Tenth Coordination Meeting on International Migration, New York, 9-10 February 2012.
[37] IOM Submission to UN Task Team Working Group B, Identification of Emerging Development Challenges: Migration and Human Mobility: First draft of think piece by the International Organization for Migration, February 2012.
[38] UN International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW), United Nations, Treaty Series, vol. 2220, Article 2 (1) and 5, p. 3; Doc. A/RES/45/158, entry into force on 1 July 2003.
[39] UN Office for South-South Cooperation: http://ssc.undp.org/content/ssc.html.
[40] A life of dignity for all: accelerating progress towards the Millennium Development Goals and advancing the United Nations development agenda beyond 2015, Report of the Secretary General, UN doc. A/68/202, e.g. paras. 93 and 111, (26 July 2013).
[41] Eurostat, Asylum Applications in EU27+ from Southeast Europe, 2008-12. 7 February 2013.
[42] Frontex, Western Balkans Annual Risk Analysis 2013, http://frontex.europa.eu/assets/Publications/Risk_Analysis/WB_ARA_2013.pdf.
[43] Gil Loescher, James Milner, “Protracted Refugee Situations: Domestic and International Security Implications’, International Institute for Strategic Studies, 2005, p. 8.
[44] Gil Loescher & James Milner, “The significance of protracted refugee situations”, The Adelphi Papers, Volume 45, 2005.
[45] Gil Loescher, James Milner, “Protracted Refugee Situations: Domestic and International Security Implications’, International Institute for Strategic Studies, 2005, p.p. 10, 11.
[46] Gil Loescher & James Milner,”The significance of protracted refugee situations”, The Adelphi Papers, Volume 45, 2005. p. 5.
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    Zhan Jovanovski. (2019). The Legal Protection of Refugee and International Security. Social Sciences, 8(3), 125-131. https://doi.org/10.11648/j.ss.20190803.18

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    Zhan Jovanovski. The Legal Protection of Refugee and International Security. Soc. Sci. 2019, 8(3), 125-131. doi: 10.11648/j.ss.20190803.18

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    Zhan Jovanovski. The Legal Protection of Refugee and International Security. Soc Sci. 2019;8(3):125-131. doi: 10.11648/j.ss.20190803.18

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  • @article{10.11648/j.ss.20190803.18,
      author = {Zhan Jovanovski},
      title = {The Legal Protection of Refugee and International Security},
      journal = {Social Sciences},
      volume = {8},
      number = {3},
      pages = {125-131},
      doi = {10.11648/j.ss.20190803.18},
      url = {https://doi.org/10.11648/j.ss.20190803.18},
      eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ss.20190803.18},
      abstract = {The term “refugee” in international law is characterized, on the one hand, by the principle of State sovereignty and, on another, by competing humanitarian principles deriving from general international laws and treaties. The study of protection of refugee invites a look not only at States’ obligations regarding admission and treatment after entry, but also at the potential responsibility under the international law of the State, whose conduct or omissions cause an outflow. In general sense the community of nations is responsible for finding solutions and providing international protection to refugee. This special mandate was entrusted to United Nations High Commissioner for Refugees (UNHCR), the agency committed to save and protect human lives, rights and supporting refugees, forcibly displaced communities and stateless people. At the beginning of the 21st century, protecting refugees means maintaining solidarity with the world’s most threatened, while finding answers to the challenges confronting the international system that was created to do just that. The aim of this article is to describe the foundations and the framework of international refugee law, to define refugees and protection of refugees; as well as to provide a brief analysis of the changing migration and asylum dynamics in the region and outline some of the main challenges arising in this context.},
     year = {2019}
    }
    

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    N1  - https://doi.org/10.11648/j.ss.20190803.18
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    AB  - The term “refugee” in international law is characterized, on the one hand, by the principle of State sovereignty and, on another, by competing humanitarian principles deriving from general international laws and treaties. The study of protection of refugee invites a look not only at States’ obligations regarding admission and treatment after entry, but also at the potential responsibility under the international law of the State, whose conduct or omissions cause an outflow. In general sense the community of nations is responsible for finding solutions and providing international protection to refugee. This special mandate was entrusted to United Nations High Commissioner for Refugees (UNHCR), the agency committed to save and protect human lives, rights and supporting refugees, forcibly displaced communities and stateless people. At the beginning of the 21st century, protecting refugees means maintaining solidarity with the world’s most threatened, while finding answers to the challenges confronting the international system that was created to do just that. The aim of this article is to describe the foundations and the framework of international refugee law, to define refugees and protection of refugees; as well as to provide a brief analysis of the changing migration and asylum dynamics in the region and outline some of the main challenges arising in this context.
    VL  - 8
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Author Information
  • Faculty of Contemporary Social Sciences, South East European University, Tetovo, Republic of North Macedonia

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