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The Refinement Of Refugee International Legal Protection System

Posted on:2018-06-28Degree:MasterType:Thesis
Country:ChinaCandidate:S H MaFull Text:PDF
GTID:2346330515967607Subject:International Law
Abstract/Summary:PDF Full Text Request
The refugee issue is a long-standing historical issue,the concept of refugees can be traced back to the First World War,whichwas first conceived in the field of international law after 1918 and the corresponding principles,rules and mechanisms of refugee protection in international law.In recent years,with the developing countries and the gap between the developed countries continue to widen,with some countries and regions continued political turmoil,In the international political and economic background,the world appeared in economic globalization,political integration,theoretically,neo-liberalism and hegemonies spread,making the causes of refugees more diverse and complex.The refugee problem facing the international community has become increasingly prominent.As two international legal instruments in the history of refugee protection,the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees are also inadequate to protect refugee rights in a complex and diverse context.Refugee law and a series of international refugee mechanisms established by the international community have made some progress in the global refugee relief.However,due to the differences in refugee legislation,practice,and sovereignty on the issue,coupled with a lack of refugee participation mechanisms,The prospect of a global easing of the refugee situation remains bleak.In view of this,this article selects the perspective of the international legal refugee protection mechanism,deeply discusses the related issues of refugee rights protection,analyzes the existing refugee legal protection mechanism,combines the current background of the times,the causes of refugee diversification and The existing refugee protection laws and regulations and the protection of refugee rights in the practice of the existence of obstacles for the refugee international legal protection mechanism admonition.The framework of the thesis is composed of the introduction,the main body and the conclusion.The main body is divided into three parts.The first part is an overview of refugee issues,which is a general overview of the basic concepts that are directly related to the discussion that follows.Firstly,it introduces the definition of refugee in the general sense and the classification according to the causes of the refugee.Secondly,it discusses refugee's international social influence according to the causeof the refugee and the present development situation.And,it lists the international legal documents on the protection of refugee's rights,including the Basic Human Rights Guarantee Convention,special international conventions on refugees and other widely recognized regional conventions and regional legal documents.Finally,in the main body of the responsibility of refugee protection,mainly on sovereign countries and international organizations have a brief overview.The second part is the refugee international legal protection of the existing shortcomings.This part combines the relevant legal provisions of the international refugee law,the practice of the countries on the refugee issue,and the summary of the above,points out several problems of refugee protection mechanism in the view of international law.First,in the refugee protection system,refugee definitions are flawed,andin the international laws and regulations,the Convention on the identification of refugees is not perfect;Secondly,there are problems in the practice of refugee protection of the main responsibility is not clear,the follow-up refusal of refugee repatriation in place;Finally,there are problems in the recognition of refugee-related laws and regulations,the convergence of refugee mechanisms in various countries and the immense pressure on recipient countries in refugee-receiving countries in their operations.It must be pointed out that the ever-changing international situation has given us many new topics.The proliferation of terrorism,the fear of terrorism in the West and the interference of the great powers in the internal affairs of other countries' political and military affairs make the already strained refugee situation even worse.The third part is based on the shortcomings of the international legal protection mechanism of the refugees,and puts forward some suggestions.First of all,it focuses on how to establish a sound legal basis for refugee protection,based on the improvement of refugee protection international conventions,national refugee legal system and the creation of new refugee protection laws and regulations;Secondly,perfect the concrete measures of refugee protection in practice,strengthen the cooperation between countries and optimize the main body of responsibility;Finally,build multivariate refugees protection mechanism,give play to non-governmental organizations and the media a third party such as the main body in the important role of refugee protection.
Keywords/Search Tags:Refugee, International Law, Perfect Mechanism, Countermeasure
PDF Full Text Request
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