Migration and Refugees in International Law

0568075 - ÚSP 2025 RIV CZ eng J - Článek v odborném periodiku
Mrázek, Josef
Migration and Refugees in International Law.
The Lawyer Quarterly. Roč. 12, č. 1 (2022), s. 77-104. ISSN 1805-8396. E-ISSN 1805-840X
Institucionální podpora: RVO:68378122
Klíčová slova: migration * refugees * asylum * sovereignty * human rights * Global Compact on Refugees
Obor OECD: Law
Způsob publikování: Open access
https://tlq.ilaw.cas.cz/index.php/tlq/article/view/500/502

Migration as a complex phenomenon encompasses political, economic, security, sociological, historical, legal, and other issues. All migrants are human beings with human dignity regardless their migratory status. Any migrant is exposed to various kinds of vulnerability. There are different types or categories of migrants which include “legal” and “illegal” (undocumented) migrants, “voluntary” or involuntary ones, “labor”, “economic”, “humanitarian” and “boat” migrants etc. Forced migration covers refugees, stateless persons, or asylum seekers. Underdevelopment and armed conflicts are the main causes of migration. We already have “environmental” or “climatic” migrants. It is often rather difficult to assign one “designation” or “term” to a particular migrant. There is no clear, universally agreed definition of migration. “Migrants” and “refugees” are mostly considered as separate and distinct categories. The year 2021 marked the 70th anniversary of the UN Convention relating to the Status of Refugees of 28 July 1951. On 31 January 1967 was signed by the President of the UNGA the Protocol relating to the Status of Refugees. The convention was an important cornerstone in the international law protection of refugees. The devastating nature of armed conflicts, environmental disasters, and our era of increasing globalization pose serious challenges to the capacity of states and the international community as a whole to respond consistently to a resolution of long-standing migration and refugee problems. Trafficking and smuggling of people, abuse of asylum procedures, and a clear imbalance in burden – and responsibility of sharing of irregular migration and of hosting refugees are additional factors complicating the situation in which migrants and refugees’ protection has to be realized. Migration is very politicized question. There are several international conventions that have an impact on the rights of migrants and refugees. Correct implementation of these rules is crucial. The power of state to protect its security is a basic attribute of state sovereignty. The study is analyzing e.g., the UN Global Compact on Migration or the UN Global Compact on Refugees. Special attention is devoted to the critical scrutiny of the New Pact of Migration and Asylum, particularly to the principles of solidarity and shared responsibility in the framework of the EU, including the Court of Justice of the European Union.
Trvalý link: https://hdl.handle.net/11104/0339423