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Resettlement mission: Under international law, can the Security Council issue resolutions obligating states to resettle displaced persons?
Abstract
Citation: Goodwin-Gill, Guy S. and Einarsen, Terje and Engedahl, Marthe and Inder, Claire and Azhigulova, Khalida and Marques, Rodolfo and Fourer, Margarita and Koo, John (2017) The Future of Refugee Law: RLI Working Paper Series Special Edition (Papers 16–22) Abstract: UN Security Council can and has issued exhortatory resolutions on resettlement (to a third country). Only local resettlement resolutions have been obligatory, establishing opinion juris. Practically, UNSC resolutions could be triggers in long-standing burden-sharing resettlement arrangements. Alternatively, third country resettlement can be added to peacekeeping resolutions or an UNMEER-style resettlement mission could be established. These measures would be incentivised through mitigating accrued or future peacekeeping mission debt.
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The status of the refugee in international law, and of everyone entitled to protection, has always been precarious, not least in times of heightened and heated debate. People have always moved in search of safety, and they always will. This completely revised and updated edition casts new light on the refugee definition, the meaning of persecution, the role of gender and sexual orientation, the types of harm, and the protection due to refugees. The book reviews the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent refugees and asylum seekers arriving. The book analyses related principles of protection—non-discrimination, due process, rescue at sea, and solutions—in light of what States, UNHCR, and treaty-monitoring bodies actually do, rather than merely deductively. It closely examines relevant treaty standards, and the role of UNHCR in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters bring into focus evolving protection demands in relation to nationality, statelessness, and displacement in the context of disasters and climate change. The book factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.
This article first considers whether there is any general theory of interpretation in international law. After revisiting the way in which Security Council resolutions are drafted, it reviews developments in regard to the interpretation of Security Council resolutions, including controversies, case-law, and writings. Also considered is the relevance to the subject of the Dutch and United Kingdom Iraq inquiries. The conclusions re-examine, and largely confirm, the approach taken in an article published in 1998.
In this paper, we address three connected central issues in refugee law. Firstly, who is entitled to protection? Secondly, what should that protection entail – merely allowing the presence of refugees in the territory, or allowing access to the labour market and health and welfare systems? Thirdly, where should refugees receive protection – in the first country in which they arrive after fleeing their home country, or elsewhere? We analyze the current crisis of European refugee law by looking back at the drafting history of the 1951 Refugee Convention. European policy makers can learn from the way in which the drafters partially solved these issues in 1950/1951.
The Almaty Process, a regional consultative process on migration, brings together international organizations, four Central
Asian states and several neighbouring states, and civil society organizations to find solutions to regional migration challenges
through intergovernmental dialogue, cooperation, and capacity building. The Almaty Process began in 2011 with the Regional
Conference on Refugee Protection and International Migration in Central Asia. It is the fifth in a series of regional consultative
processes organized by the United Nations High Commissioner for Refugees (UNHCR) and the International Organization for Migration
in regions where refugee protection is in jeopardy. It offers participating states an opportunity to discuss and resolve important
migration issues in an environment that respects state sovereignty and security as well as human rights. International organizations
play an essential role in the Almaty Process in terms of funding, organizational and technical support, and educating and
socializing participating state actors. Among other objectives, through the Almaty Process, UNHCR seeks to assist participating
states in improving compliance with international refugee law, while also ensuring the protection of national security. Although
the participating Central Asian countries are ‘awkward states’, and the Almaty Process faces various challenges, it has the
potential to facilitate increased compliance with international refugee law in Central Asia. Ultimately, the Almaty Process
could also contribute to addressing some of the root causes of migration in the region, particularly the underlying lack of
respect for human rights.