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DEFINITION OF REFUGEE IN INTERNATIONAL LAW: CHALLENGES OF THE PRESENT TIMES
Catrinel BRUMAR
Lex et Scientia , 2009,
Abstract: Traditionally, a refugee in international law is a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his/her nationality, and is unable to or, owing to such fear, is unwilling to avail him/herself of the protection of that country (according to the 1951 Convention on the refugee status). Thus, in cases challenging the status of an individual as a refugee, the reference to the above mentioned definition and the criteria it employs should be sufficient in order to determine the recognition of the specific protection. However, at present, thousands of persons are forced to leave their country for economic reasons or because of natural disasters. These people, running from natural adversities and from poverty, exercise in fact their right to seek happiness, or in more ordinary terms, their well being. The states’ response for these individuals is yet far from being positive, as they keep to the traditional definition, where criteria as poverty or natural disaster are excluded, in order to refuse them the benefit of the refugee status. Nevertheless, the international bodies, as well as states, must deal with these refugees “hors Convention” and grant them, in order to fulfill commitments in the human rights field, some form of protection. This paper intends to analyze the pressures exercised on the traditional definition, the states’ reaction and the possible other forms of protection for an optimal response to the need of persons who are outside their country because of economic reasons or natural tragedies.
The prohibition of financing of terrorism in the light of international law and regulations of the Republic of Serbia  [PDF]
Cmiljani? Bajo M.
Temida , 2011, DOI: 10.2298/tem1102041c
Abstract: Terrorist acts are sometimes carried out in order to obtain funds for financing terrorist organizations and terrorist actions. Therefore, due attention in considering the forms of combat against terrorism has been paid to the connection between money and violence. The issue of prohibition of financing of terrorism is the subject of many international legal documents. Republic of Serbia has devoted many normative documents to this problem, that are harmonized with the international obligations accepted upon the signing of international treaties. The task of this paper is to show the basic norms of international law and the laws of the Republic of Serbia regarding the prohibition of financing of terrorism.
Deprivation of liberty in the People’s Republic of China: concordance with international human rights Law
Xavier Seuba Hernández,Sabina Puig Cartes
Revista CIDOB d'Afers Internacionals , 2005,
Abstract: The recent visit of the United Nations Working Group on Arbitrary Detention to the People’s Republic of China has revealed that deprivation of liberty in that country lacks the guarantees in the area of detention required by international human rights standards. This article analyses the principal characteristics of detention in China and compares them with international requirements. After an initial introductory section, which presents the main Chinese institutions with influence on the freedom of people, it analyses criminal and administrative legislation and it makes reference to some practical translations of this legislation. Finally, it indicates a series of measures which should be implemented in order to bring Chinese legislation and practices concerning the deprivationof liberty into line with international standards.
BASIC PRINCIPLES OF INTERNATIONAL WATER LAW:TECHNICAL COMMENTARY AND IMPLEMENTING STRATEGY
国际水法基本原则技术评注及其实施战略

FENG Yan,HE Da ming,
冯彦
,何大明

资源科学 , 2002,
Abstract: International Water Law is the major manner to coordinate and resolve the conflicts or disputes on water resources utilization among riparian states in international river basins. Through long-term development, seven basic principles in international water law have been come into being: equitable and reasonable utilization, no significant harm, general obligation to cooperation, regular exchange of data and information, conservation and protection of water resources, navigation freedom and its ecosystem and compensation rules. Viewed from the technical and scientific perspectives, comments on these seven basic principles are presented. And then, corresponding strategies for China to implement these principles in international activities concerning water resources development and protection are suggested. As argued in this paper, to make water resources development planning accordant with the international practices, to promote international communication and cooperation with governmental and non-governmental organizations, to import funds and technologies for the protection of the ecosystem of international river basins, and so forth, are the effective methods for China to achieve the conservation and development of water resources of international rivers.
Applying Refugee Family Reunion Law Therapeutically  [PDF]
Katy Ferris, James Marson, Anna Kawalek
Beijing Law Review (BLR) , 2019, DOI: 10.4236/blr.2019.105062
Abstract: This paper aims to highlight some of the key issues surrounding the development and application of immigration law as it applies in the United Kingdom (UK) to refugees attempting to be reunited with their families living abroad. The right for refugees to be reunited with their families is enshrined in international law, but this is frequently frustrated by the legal and administrative systems used in the UK. Using content analysis and doctrinal analysis techniques, the paper provides an examination of how a philosophy which considers the emotional effects of the law, therapeutic jurisprudence, could be used not only to inform interpretation of current domestic laws, but also influence the drafting of future legislation. This is an aspect of current refugee law in the United Kingdom which has yet to be examined. It provides, we argue, a humanitarian direction to statutory interpretation which may provide tangible benefits to current and proposed legal systems.
The Concept of “Persecution” in Refugee Law: Indeterminacy, Context-sensitivity, and the Quest for a Principled Approach  [cached]
Francesco Maiani
Les Dossiers du Grihl , 2010, DOI: 10.4000/dossiersgrihl.3896
Abstract: IntroductionIn explaining to us the object and purpose of this workshop, Jean-Pierre Cavaillé has posited that the notion of persecution suffers from a “woeful lack of definition”. If this were unconditionally true, then international refugee law would be in jeopardy.It would be in jeopardy, because the concept of “persecution” is central to the universal refugee definition laid down by the 1951 Geneva Convention (GC). Indeed, Article 1A GC defines the refugee as someone who has a well-founde...
The lack of refugee burden-sharing in Tanzania: tragic effects
M. Morel
Afrika Focus , 2009,
Abstract: The United Republic of Tanzania has been and currently still is one of the most important host countries in the world for refugees. The majority of those refugees have been living in camps for many years and have no prospect of a durable solution of their situation via repatriation, integration or resettlement. As a result, Tanzania is confronted with protracted refugee situations. The purpose of this article is to answer the question who is responsible for the plight of these refugees. Tanzania's national refugee policy since the 1960s is analysed, whereby a clear evolution can be observed from an 'Open Door' policy to a policy with heavy restrictions and the absence of local integration as a durable solution. However, it will be concluded that it is not Tanzania but the international community that is to be held responsible. There is a lack of international refugee burden- sharing, as evidenced by the lack of an international legal framework for durable solutions for refugees. A 'common but differentiated responsibility' should be the basis of international cooperation to solve protracted refugee situations such as those occurring in Tanzania.
On Economic Analysis of International Law  [cached]
Nai-gen ZHANG
Canadian Social Science , 2006,
Abstract: The economic analysis of international law is the new development of international law theories in last decade. Based on existing references, this thesis intents to promote application of economic analysis of international law in China with pluralistic ways of research (for examples, political, legal and economic) in order to understand the contemporary issues of international law and to have new ideas. The part I is a brief comparison between domestic and international laws from economic perspective, and then a description of applicable economic analysis for international law with an emphasis of its theoretical and practical significances. The part II is focused on Coase’s Law & Economics as the basis of economic analysis of international law. The part III to V provide with a few examples of economic analysis of international laws, i.e. law of international economic organization, international environmental law and international humanitarian law. The conclusion is given finally. Key words: theory of international law, economic analysis, law of international economic organization, international environmental law and international humanitarian law Résumé: L’analyse économique de la loi internationale est le nouveau développement des théories de la loi internationale dans la dernière décennie. Basé sur des références existantes, cette thèse tente de promouvoir l’application de l’analyse économique de la loi internaionale en Chine avec des méthodes de recherche pluralistes(par exemple, politique, légale et économique) afin de comprendre les problèmatiques contemporains de la loi internationale et de s’en faire de nouvelles idées. La partie I procède à une comparaison brève entre les lois domestiques et internationales sous l’angle économique et à une description des analyses économiques applicables aux lois internationales en mettant l’accent sur leurs significations théoriques et pratiques. La partie II se concentre sur la Loi de Coase&Economie qui sert de base d’analyse. De la partie III à la partie V, on trouve des exemples de l’analyse économique des lois internationals, par exemple, la loi internationale de l’organisation économique , la loi international de l’environnement et la loi internationale humaniste. Enfin, la conclusion est dégagée. Mots-Clés: théorie de la loi internationale, analyse économique, loi internationale de l’organisation économique, loi internationale de l’environnement et loi internationale humaniste
Morality, care, and international law  [cached]
Virginia Held
Ethics & Global Politics , 2011, DOI: 10.3402/egp.v4i3.8405
Abstract: Whether we should respect international law is in dispute. In the United States, international law is dismissed by the left as merely promoting the interests of powerful states. It is attacked by the right as irrelevant and an interference with the interests and mission of the United States. And it follows from the arguments of many liberals that in the absence of world government the world is in a Hobbesian state of nature and international law inapplicable. This article reviews the thinking of Kant, Locke, and Rawls, among others and shows how arguments against respect for international law can be answered. It questions arguments based on the analogy between states and individuals, and between international law as it has developed and law based on an ideal social contract between individuals. It then turns to the ethics of care, a recent addition to moral theory, and examines its major characteristics and recommendations. It considers how the ethics of care would view international law and the guidance this moral approach could provide for international relations. The article shows how the ethics of care is compatible with various current trends, and how thinking about globalization and greater international interdependence would benefit from greater attention to it. The article argues that the ethics of care would clearly support respect for international law as it has developed, but that it would even more strongly support addressing current problems in ways that would, in the longer term, make appeals to law and its enforcements ever less necessary.
The Method of Recognizing International Law  [PDF]
Alireza Azadikalkoshki, Mohsen Hosseinabadi
Open Journal of Political Science (OJPS) , 2018, DOI: 10.4236/ojps.2018.82012
Abstract: The United Nations, as the central core, coordinates the steps taken to establish international peace and security and to develop friendly relations between countries, based on the principle of equality of rights and autonomy of nations, and achieve international cooperation in the sphere of economic, social and cultural affairs and encourage governments to respect human rights and fundamental freedoms. Hence, all countries should, with respect to membership in the organization, act in accordance with the obligations under the Charter and resolve all their international disputes through peaceful means, based on the principles of justice and international law. However, there are two methods for recognizing international law:?the method of social cognition and rational method. The social recognition method of the international system is to abandon theoretical insights of international law and address existing facts and to extract the patient and accurate historical and social data that constitute the living material or the substance of the legal rule. The method of the logical recognition of the principles and rules of international law is to explain the nature and method of legal argument that has a significant impact on the proper understanding of the legal rules and the recognition and analysis of international law and finally the introduction of a system governing international relations. Using the first method, the international community is described first. Then, its life is studied in motion (inductive method); as using the second method, the accuracy and inaccuracy of those cases and judgments are evaluated, which?are?the introduction of other judgments (deductive method). These two methods, that is, the objective observation of events and logical reasoning, if coordinated, will pave the way for the analysis of the international system and explain its characteristics, and international law will be in its place.
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