CYIL vol. 10 (2019)

MARKÉTA KŘIŽÁKOVÁ CYIL 10 ȍ2019Ȏ whether it may have any legal binding force. Finally, the aim of the article is to clarify how the term international cooperation is perceived today, specifically in the Compact. 2. Term “international cooperation“ in international law Modern international law is the product of the sovereign states that have a need to cooperate and have entered into relations with each other. The necessity for cooperation is therefore the cause of the emergence of modern international law, as well as an essential part of it nowadays. In general, international cooperation is a situation when two or more states, or other subjects of international law, jointly act to achieve a common goal. 6 International cooperation is not only a moral concept, it is also a legal concept. Hence legal aspects and connotations of this term are subject of the article, especially in relation to refugee law. Before this term is analyzed in the context of refugee law, it is necessary to remember its roots, namely its incorporation in the Charter of the United Nations (hereafter “UN”) and other sources of international law. The general obligation to cooperate, as a principle of international law, is enshrined in the UN Charter in Article 1 (3), under which the UN aims to ” achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character, and in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” The duty to cooperate is further elaborated in Articles 55 and 56 of the UN Charter. According to Article 55, the UN shall promote solutions of international economic, social, health, and related problems. Article 56 adds that all members pledge themselves to take joint and separate action in co-operation with the UN for the achievement of the purposes set forth in Article 55. The general duty to cooperate is reiterated in the Declaration on Principles of International Law concerning Friendly Relations and Cooperation among States in accordance with the Charter of the United Nations (hereafter ”Declaration on Principles of Friendly Relations“), under which “[s]tates have the duty to co-operate with one another, irrespective of the differences in their political, economic and social systems, in the various spheres of international relations, in order to maintain international peace and security and to promote international economic stability and progress, the general welfare of nations and international co-operation free from discrimination based on such differences.” Cooperation between states is particularly important in the field of human rights protection. For example, the International Covenant on Economic, Social and Cultural Rights explicitly refers to the need for international cooperation as a mean of realization of the rights recognized in the Covenant. 7 Because mass movements of people may also be related to natural and other disasters I consider appropriate to briefly mention the Draft articles on the protection of persons in the event of disasters (hereafter ”Draft

6 WOLFRUM, R., Co-operation, International Law of. In: The Max Planck Encyclopedia of Public International Law, vol. II. New York: Oxford University Press, 2012, p. 783, ISBN 9780199291687. 7 Article 2 (1) of the International Covenant on Economic, Social and Cultural Rights.

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