CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE TERM “INTERNATIONAL COOPERATION” IN REGARD TO THE ADMISSION … “the Convention”), approximately 25.4 million people in 2018. 2 Due to the principle of non- refoulement enshrined in the Convention 3 and another international human rights treaties 4 states cannot return refugees to their country of origin where they would be in danger on the grounds listed in particular documents. This obligation usually leads to the necessity to find these people a place to live, at least temporarily for time that they cannot return home. Obviously, some states are not able to guarantee appropriate conditions for a dignified life for such a large number of people, at least not without the help of other states that are spared the refugee influx. 5 Even the Convention refers to international cooperation in its Preamble. However there is not a clear answer to the question of what the term international cooperation in refugee law means, what entails and whether it has any normative impact nowadays. In other words, whether the term “international cooperation” might be legally binding. In addition, refugee law also works with other terms such as international solidarity, responsibility-sharing, or burden-sharing. Are these terms substitutable, or are there differences between them? The lack of clarity regarding these terms also leads to an unclear content of the obligation under the Convention. In order to answer these questions, it is necessary to analyze not only how the states perceived the term “international cooperation” and similar terms when the Convention was adopted, but also in my opinion, it is necessary to examine the meaning of these terms today. For this purpose the Global Compact on Refugees (hereafter “Global Compact“, or “Compact”), a framework for more predictable and equitable responsibility-sharing adopted in December 2018 can serve well. The Compact is not legally binding, however a broad international community participated in its adoption. There is no doubt that it is an actual issue at the universal as well as regional level as evidenced by efforts to reform the Common European Asylum System in the European Union. A clearer understanding of the states’ obligations towards the state that hosts a large number of refugees is a good starting point for the development of a system through which the responsibility for admitting and protecting refugees would be shared better. Without the effective system of international cooperation some of the overwhelmed states can be forced to withdraw from their international legal obligations, because they will not be able to fulfil them, and to close their borders. This is the reason why the article seeks to clarify how the states perceive the term “international cooperation” in connection with admission of refugees today. Hence the aim of this article is to answer the questions regarding what the terms used in refugee law such as international cooperation, international solidarity, responsibility-sharing and burden-sharing mean and if there is any difference between them. Furthermore, the article analyzes the meaning of the term international cooperation mentioned in the Preamble of the Convention and examines 2 UN, High Commissioner for Refugees (UNHCR), Figures at a Glance. In: unhcr.org [accessed 10. 2. 2019]. Available at: https://www.unhcr.org/figures-at-a-glance.html. 3 Principle of non-refoulement is the cornerstone of asylum and of international refugee law. Under Article 33 of the Convention it is prohibited to expel or return a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion. 4 See for example, Article 3 of the Convention Against Torture and Other Cruel, Inhuman or DegradingTreatment or Punishment, Article 3 of the European Convention on Human Rights, or Article 6 and 7 of the International Covenant on Civil and Political Rights. There is also an opinion that the principle of non-refoulement has become a rule of international customary law. For more information see for example GOODWIN-GILL, G. S., The refugee in International law . Oxford: Clarendon press, 1983, pp. 97-100. 5 For example, because of their geographical location.

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