China’s implementation of internationalrefugeelaw and its asylum policies have long been of interest to numerous state and international non-state actors, especially regarding specific migrant groups in China. Despite Chi- na’s high regards for internationalrefugeelaw and a firm belief in the im- portance of international protection of refugees and asylum-seekers, inter- national observers often argue that China is not meeting its legal obligations under internationalrefugeelaw. The finding of this research is, despite China’s past implementation of favorable asylum policies, and improve- ments in its application of internationalrefugeelaw, including the begin- ning stages of drafting a national refugeelaw; there remains a gap between China’s implementation of internationalrefugeelaw and international norms. Thus, reforms are needed in China’s asylum practices so that it is consistent with international practices. One key factor for this gap is, Chi- na’s current legal framework and policies do not offer a long-term and dur- able solution for some refugees and asylum-seekers. Additionally, its asy- lum framework does not provide all conditions expected of a State that is a party to the “Refugee Convention”. Furthermore, China’s asylum policies differ among “persons in need of protection” regarding treatment and re- ception policy. The next crucial step for China in implementing interna- tional refugeelaw should be completing the drafting and adoption of na- tional refugeelaw that is in line with the “1951 Refugee Convention” and “1967 Protocol”.
27 to an asylum claimant from Venezuela, 90 which interestingly does not criminalise same- sex sexual activity or homosexuality, the CNDA offered important insights on a possible definition of persecution that comprehensively embeds IHRL rather than looking at its scope of application. Firstly, it recalled that a person is neither asked to publicly manifest his/her sexual orientation in order to request refugee status, nor can he/she be required to avoid expressing this personal characteristic to escape persecution. 91 Secondly, it found that, although the law may formally protect against discrimination based on sexual orientation, same-sex couples’ right to marriage/civil union may still not be recognised, and prejudice and exclusion may continue permeating society. 92 Consequently, considering the humiliating effects of these social and institutional attitudes on the specific situation of the applicant, the CNDA found that sexual minorities in Venezuela may in effect be at risk of persecution. Viewed from the perspective of IHRL, it is evident that the CNDA does not set any border between “permissible” and “non-permissible” human rights violations suffered by sexual minorities in their country of origin. It looks instead at the results of the social environment hostility against homosexuality in preventing gay people from enjoying their human rights (including, for instance, the right to employment 93 ).
a fundamental principle of internationallaw, which essentially means that no refugee may be returned to the territories of a country where he or she may face persecution. The principle of non-refoulment is enshrined in several international instruments. The two most important instruments are Article 33 of the Refugee Convention, supra note 3 (“No Contracting State shall expel or return “refouler” 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.”), and Article 3 of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, G.A. res. 39/46, [annex, 39 U.N. GAOR Supp. (No. 51) at 197, U.N.Doc. A/39/51 (1984), entered into force June 26, 1987 [hereinafter Convention Against Torture] (“No State Party shall expel, return (“refouler”) or extradite a person to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.”). Presently, it is generally believed that the principle of non-refoulment has acquired the status of a norm of internationallaw. See, e.g., Statement by Dennis McNamara, Director, Division of International Protection, UNHCR, at the Hebrew University of Jerusalem, The 1951 Convention and International Protection, at 9, available at http://www.unhcr.org/cgi-
The Final Act also served as the basis for UNHCR's positions related to family reunion. Recommendation B in the Final Act recognizes that "the unity of the family, the natural and fundamental group unit of society, is an essential right of the refugee". Thus, UNHCR promoted the reunion of family members who were separated as a result of refugee movements.49 When situations emerged that raised issues not directly addressed by the 1951 Refugee Convention or the Final Act, UNHCR provided practical advice to countries. The ability to resolve problems in this manner rested on the close relationship UNHCR had with States; one of cooperation, which is further discussed in section 4.2.1 of chapter 4. For example, refugees who had been recognised as refugees in one country of asylum were at times moving to another country, which was not eager to accept them. Thus, the issue arose, which UNHCR would continue to address over the years, of the first country of asylum. UNHCR sought a solution to this problem with Germany through discussions50 and then articulated a view in its Second Annual Report: "These [second] countries cannot undertake to accept indiscriminately refugees who have been given asylum previously in another country."51 This position would form the basis for a later doctrinal position on "first country of asylum" in the 1980's.
Although the Refugee Act has been generally praised by observers, there has been little critical analysis of its provisions or consideration of whether it will truly be successful in bringing Korea into compliance with its obligations under internationalrefugeelaw and international human rights law. This essay will attempt to fill this gap by taking a closer examination of the provisions of the law, and assessing whether the law will lead to the effective fulfillment of Korea’s international legal duties. This paper is divided into seven parts including short Introduction and Conclusion. After reviewing a brief history of the development of refugee policy in Korea in Part two, Part three will provide an overview of the new law that highlights positive advances over prior Korean practice. Part four will then discuss the improvements of the new law over prior practice. Part five consists of an evaluation of the Refugee Act’s compliance with international norms in four key areas, while Part six will discuss the major unanswered questions that remain to be addressed once the act enters into force.
Abstract: The term “refugee” in internationallaw 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 internationallaw 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 internationalrefugeelaw, 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.
If these lenses are then directed towards international investment law, three broad arguments can be put forward. Firstly, investment regime is intertwined with all three contexts of the international rule of law and is, furthermore, often explicitly legitimized by those within the regime as a tool to enforce the international rule of law precepts. Secondly, taking the identified rule of law requirements as benchmarks, international investment law exhibits at least two positive features. The dispute settlement and enforcement mechanism, which is an element whose strength is often criticized in the context of internationallaw more broadly, is here both powerful and widespread. And that same mechanism is often used, mostly through the standard of fair and equitable treatment, to enforce upon the host states some of the basic requirements which correspond to the ones identified as required by the international rule of law.
Alternatively, students who do not have the possibility to do an internship because they already work in business or administration may present a Master dissertation prepared under the supervision of one of a professor on a topic over which they have agreed and with the approval of the director of the master. The experience of doing research in the legal field and drafting a dissertation is of great interest. Not only does it give to the students who would like later to develop research for a PhD an opportunity of a first research exercise ; but it also allows those who are already working to train in conceptualisation and drafting on a topic related to diplomacy, law, business which in any professional position is of great importance.
This 15 credit module runs during the Autumn term and is taught via 5 two hour seminars. To distinguish it from the 30 credit IP module, it takes a more practical and international focus and covers in detail the contents of EU IP licences and distribution agreements, and the issues of EU Competition Law and the principle of the exhaustion of rights that arise so the Topic 3 is much larger than the other two. In addition to the module handbook, a Case Study will be provided with precedents and the seminars (and assessment) focus on the drafting of agreements. The international focus of the module means that an outline of IP law is given using sources from the EU Directive and international convention. A prior knowledge of IP is not required for the module and can be selected alongside the 30 credit IP module if desired.
This article explores these gaps to show how refugee cities could fill them by creating designated areas in which refugee rights are respected and the policy benefits of migrant integration are achieved. Part I provides the background of the global migration situation. Part II discusses the evolution and role of SEZs. Part III explains the refugee-cities concept and its policy benefits. Part IV analyzes international and domestic law pertaining to refugees, including a special focus on Turkey.
I used walking as a mode of transport in the field whenever this was possible. By walking I mean strolling, wandering, meandering and lingering as well as purposeful striding, map-following and guided walks. These are just some of the many different forms of walking – to these we could add the contemplative walks of Peripatetic philosophy, the walker-poet and walker-art, the flaneur, and the explorer. 153 Walking, as I discovered, is also a haptic experience; it can involve all the senses in perceiving an environment: the smell of the street, the dust on the road, the heat of the sun on one’s back, the sound of the call to prayer. I walked so that I might see more keenly the detail of international law’s homemaking. That walking unfolds at a human pace, in real time and on a small scale, might recommend it as a mode of travel for internationallaw scholars interested in the everyday life of the discipline. As a prelude to explaining why and how I used walking as a research strategy in this study, it is worth looking briefly here at how writers, philosophers and other scholars have thought about walking and the particular insights and experiences walking
The law acted as a third-party enforcer of norms where the norms themselves were set by the interacting parties. Under the supervision of courts and juries, each neighbor with access to the common good of riparian waters was to enjoy limited correlative rights to interfere with the public goods available to all. The procedures and doctrines of the common law paid careful attention to the agreements, understandings, and practices of the parties. The law GHSHQGHG RQ WKH SDUWLHV¶ PRQLWRULQJ RI HDFK RWKHU¶V performances, their collecting of evidence, and their crafting and presentation of pleadings in litigation to make the system run. There was little risk of the system degenerating into a tragedy of the commons, because the law with its ad hoc reasonableness test founded on the SDUWLHV¶ RZQ FRQGXFW ZRXOG UHVWUDLQ GHVWUXFWLYH consumption of the common good. 23
The US practice of targeted killings provokes difficult questions concerning the appropriate legal framework and the standards that govern such strikes. This article will argue that, in certain cases, it is necessary to examine the legality of targeted killings under international human rights law (IHRL). An explicit IHRL justification for targeted killings is important and, at present, often ignored by the US. IHRL requires any use of lethal force to be proportionate to the legitimate aim of safeguarding life and a necessary measure with no other reasonable means available to address the threat. It is possible, following a survey of human rights decision-makers, that targeted killings in exceptional circumstances are justifiable under IHRL. It is also incumbent on the US to pass domestic legislation that provides a legal basis for strikes disconnected to September 11, and also the provision of administrative and judicial review in order to provide a post-hoc check on targeted killing decisions.