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(Ii) The UNHCR Statute.
The Conclusion of the thesis is that up to 1985, when more restrictive trends emerged, there can be said to have been a single comprehensive refugee notion comprising the 1950/51 definitions as applied to individuals and the broader notions and mechanisms for applying these definitions in group situations. It is moreover arguable that, at that date, this single and comprehensive refugee notion formed part of international customary law.
This ground-breaking volume brings the refugee issue out of the narrow confines of refugee law into the centre of international law and international relations. It reviews the concept of the refugee and the international protection of refugees from the unconventional angle of the prospects and limitations of multilateralism in the post Cold War era. This approach - taking conflict prevention and resolution as its point of departure - ensures that Broadening the Edges: Refugee Definition and International Protection Revisited is not only novel, but comprehensive and practical as well. It is comprehensive because it offers a review of state practice within the United Nations and regional contexts, as well as a review of the practice of the United Nations inter-agency system. It is practical because it is based on the personal experience of its author, not on theoretical models. The broadening concept of security, affecting the attitudes of states towards refugees, is the underlying theme of the book. As a result, the contemporary preoccupation with how best to provide international protection to all those in need of it is reviewed from a number of relevant perspectives - including that of peacekeeping, sanctions, and coordination and competence within the United Nations. Pirkko Kourula worked for some twelve years in UNHCR in Asia, Europe and the USA, and was Deputy Director of UNHCR Liaison Office at United Nations Headquarters in New York from 1991 to 1996. She was also Director for Humanitarian Assistance and Food Aid at FINNIDA, the Finnish International Development Agency, Ministry of Foreign Affairs.
The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
First Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.
2. The role of UNHCR
Asylum.
The impact of violence and conflict on refugee status determination and international protection is a key developing field. Given the contemporary dynamics of armed conflict, how to interpret and apply the refugee definitions at global and regional levels is increasingly relevant to governmental policy-makers, decision-makers, legal practitioners, academics and students. This book will provide a comprehensive analysis of the global and regional refugee instruments as they apply to claimants in flight from situations of armed violence and conflict, exploring their interrelationship and how they are interpreted and applied (or should be applied). As part of a broader United Nations High Commissioner for Refugees project to develop guidelines on the interpretation and application of international refugee law instruments to claimants fleeing armed conflict and other situations of violence, it includes contributions from leading scholars and practitioners in this field as well as emerging authors with specific expertise.
The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
In February 1990, an Interministerial working group was established to reconsider the concepts of German refugee policies in order to evaluate them and to make conceptual suggestions for improvement. With regard to the refugee situation in the Federal Republic of Germany (FRG), the working group noted that in recent years the number of asylum seekers had risen, while recognition rate had gone down. Most of the asylum seekers had been considered as 'economic refugees'. The analysis of the existing refugee policies of FRG found that the country was concerned with the promotion of world-wide peace, the prevention of refugee flows, and with humanitarian aid, in particular in the field of development aid. With regard to the asylum policy, based on article 16 of the Constitution, efforts had been made to reduce abuse of the procedure, mainly by speeding up this procedure. The evaluation of these policies showed that there were some gaps, and that better coordination could be obtained. The proposals formulated by the working group address the areas of foreign affairs, development cooperation, international cooperation, and asylum policy. Refugee policies of the FRG should continue to focus on the prevention of refugee flows, through foreign policy measures consisting, “inter alia”, of continued support to UNHCR, and through a better use of economic means in the framework of development cooperation. The asylum procedures should be better organized, and a preventive effect should be achieved by consequent deportation of rejected asylum seekers. The FRG should strive to coordinate its refugee policies with other industrialized countries.