Analysis of Refugee Protection Mechanisms

Analysis of Refugee Protection MechanismsINTRODUCTIONOn any given day, thousands of individuals including women and children from all parts of the world atomic number 18 constrained to flee their homes for fear of persecution or to escape the dangers of armed conflicts and other refugee-creating force making claims for refugee status in foreign countries.If the key in defining who a refugee is, should non be the causal agent for leaving ones country but rather the reason for being unable or un departing to return to it, then in contemporary inter subject bea dodging, the problems of border control and trans-boundary flows of psychiatric hospital seekers are ever relevant to asseverates as well as to the academic look intoers in the field of transnational Relations.After the crises in the management of refugees during World War II, foreignistic bodies, primarily United Nations, has allocated signifi stomacht proportions of its attention and its resources to build up and dev elop norms of refugee protection as part of the foreign corpse of governance. The primary goal of the collective tone-beginnings was to lay down the basics for refugee protection in cases of political turmoil, civil or national wars and ethnic conflicts. These attempts, though, were not only the results of the dramatic event of World War II as hinted above, but also accompanied the development of Human Rights authoritiess at the global level since the late years of the 1940s. It is in this context that the collection related to the status of Refugees had been drafted and was released on 28th July, 1951. Additional outside(a) document in the field is the 1967 Protocol Relating to the status of Refugees known as the New York Protocol.According to the UNHCR 2008 Global Trends report, there were some 42 million forcibly displaced people ecumenical at the end of 2008. This includes 15.2 million refugees, 827000 asylum-seekers (pending cases) and 26 million internally displaced per son (IDPs).1 The legal obligations requiring that receiving states not return these refugees to situations of serious human rights abuse derive from global law, but does the so-called international refugee law clearly determine how governments respond to involuntary migration? If the answer is yes then why do states pay lip swear out to the important of honouring the right to seek asylum, but in practice devote significant resources to keep refugees away from their borders.2 My work give attempt to evaluate the international refugee system so as to discover whether the norms in the system for refugee protection constitute an international political science, as defined by international relations literature in order to limn that if it is a politics, then states are no longer afforded the full freedom of action and decision making under the precept of sovereignty and that they have a certain level of obligation to abide by regime rules and help in the upkeep of the regime.Inter national regime is increasingly in a state of crisis. While armed conflict and human rights abuse continue to force individuals and groups to flee, many governments are retrenching from their legal duty to stand refugees with the protection they require. In this work, I go away attempt to explain among other things, refugee laws increasingly marginal business office in defining the international response to refugee protection. This will lead me to suggest the basic principles upon which I believe reformulation of international refugee protection mechanisms should be predicated. Refugee law must be reaffirmed, bolstered and perhaps reconceived to respond to this serious decline in the rights and security of refugees. This thesis will evaluate the international legal mechanisms for refugee protection. Its premise is that refugee law is a mode of human rights protection. The paper will cross the legal definition of a refugee, refugee rights and the institutional and procedural st ructures through which claims for protection are evaluated. It will clearly define and apply contemporary legal standards, at bottom an international and domestic legal context, and subject the present domestic and international regime to critical scrutiny.TOPIC AIM AND OBJECTIVEThe aim of this work is to well-nigh look at the international refugee protection system that is made up of the various conventions, treaties and regional agreements, and domestic refugee policies, in order to determine whether or not the system constitute an international regime. The purpose of trying to discover whether these mechanisms for refugee protection do or do not constitute an international regime is to show that the members of the regime (i.e. signatory states to the 1951 Convention and 1967 Protocol, regional agreements and those states that have enshrined the Convention in to their domestic asylum policies) thus have their actions restricted considerably by the in truth fact that they are mem bers of the regime. They are no longer allowed the full freedom and decision-making afforded to them under the doctrine of state sovereignty. Regime plays important role in the international system in bringing most co-operation and stability. In my analysis of regime theory, I will attempt a highlight of the role the refugee protection regime plays indoors the international system as a whole and discuss whether the roles are changing.THESIS QUESTIONIn lieu with the above, this paper will attempt to address the following thesis questionsDo the contemporary refugee protection mechanisms in the international system constitute an international regime?If the system of protection is an international regime, what kind of regime does it represent? What are its characteristics and how is it important?How are restrictive measures adopted by states affecting the international protection regime? Specifically, do they delineate for the change within or of, the regime, or a weakening of the re gime itself?What is the role of the regime within the international system as a whole, and how is this role evolving especially in the face of states use of restrictive measures?THEORETICAL FRAMEWORKThe study will use the Rationalist onward motion to regime theory. The mainstream rationalist theories of (interest- based) neo-liberalism and (power-based) neo-realism are the basis for the theoretical framework for this write-up. The focus on neoliberal or interest based theory of regime represents the fact that it has been extraordinarily influential in the past (two) decades and have come to represent the mainstream border on to analyzing international institutions.3 The work will however not be limited to these two theories. In a situation where millions of innocent lives are at stake each year and states come together to attempt to solve the real problems and potentially stop it from occurring in the future, the researcher believes that it is not rational to assume that state ac tion is driven by self interest and power politics alone. In contrast, state behavior within the international refugee protection regime largely comes from humanist concerns for people in need and from respect for international human rights law and international humanitarian law. It is in this light that the thesis will also consider the use of constructivist paradigm so as to show the importance of international norms, rules and principles, both within the regime itself and the role they play within the domestic asylum policy.SCOPE AND LIMITATION OF STUDYThe work will aim at addressing the contemporary mechanisms in the international system for the protection of refugees focusing on post WWII onwards to current from historical perspective. While looking at the restrictive measures that states across the blameless international system practice, the researcher will not undertake a close examination of any specific state within the international system of protection, but rather wou ld address the system as a whole in an attempt to define and analyze its contents, discuss its importance in the international system and analyze the various changes that may be occurring within it and how these may affect the regime.RESEARCH METHODOLOGYThe orderological framework of this research is a qualitative one. This study will use interpretivism as its main research philosophy. A descriptive research intends to present facts concerning the nature and status of a situation, as it exists at the time of the study (Creswell, 1994). It is also concerned with relationships and practices that exist, beliefs and process that are on-going, effects that are being felt or trends that are developing. In addition, such approach tries to describe present conditions, events or systems based on the impressions or reactions of the respondents of the research (Creswell, 1994).Unlike vicenary research methods, which largely use a positivist epistemological position, qualitative research met hods are based on an interpretivist epistemological position which stresses the understanding of the social world through an examination of the interpretation of that world by its participants. Interpretivism holds a different logic of research procedure from positivism. It seeks to understand human behavior, instead of just explaining it, which is what positivism seeks to do. The ontology of qualitative methods is constructivist, which contends that social phenomenon is continually being courtly by social actors- they are produced through social interaction and are thus constantly being revised.4Basically, a descriptive research utilizes observations and surveys. It is for this particular reason that this approach was chosen by the researcher, whose intention is to gather first hand data. Moreover, this will allow for a flexible approach that when important new issues and questions modernize at the duration of the study, a further investigation can be conducted. Another advantage is that with this approach, the research will be fast and somehow cost-effective. away from the qualitative finding method, secondary research will be conducted in this study. Sources in secondary research will include previous research reports, existing findings on journals and existing knowledge on books, newspapers, magazines and in the internet. The study will undertake an extensive review of the relevant literature on the subject of refugee flow, asylum policy, border control, state sovereignty, international humanitarian and human rights laws, and international refugee law. Basically, interpretation will be conducted which can account as qualitative in nature. social system OF THE PAPERCHAPTER 1. INTRODUCTIONIn the first chapter, the researcher will introduce the aim of the thesis and formulates the research questions. The methodology of the thesis, a secondary research method and a qualitative, interpretivist, constructivist approaches will be draftd. Finally, the relevant theoretical and empirical literature will be reviewed.CHAPTER 2. THEORETICAL FRAMEWORKThis chapter will present the rationalist approach to regime theory, including neoliberal and neorealist theories. These theories are chosen as the theoretical framework for the thesis and will be used to evaluate the international mechanisms for refugee protection so as to discover whether or not the system constitutes an international regime considered as legal.CHAPTER 3. THE INTERNATIONAL REFUGEE PROTECTION MECHANISMS AN INTERNATIONAL REGIME?The third chapter will first off provide the definitions of the key terms discussed in the work. Then, it will discuss the historical background of the system. It will further discuss the third major components of the refugee protection mechanisms in the international system namely the legal documents (various conventions, treaties and regional agreements), the protection bodies (UN bodies, human rights organizations, among others) and finally domestic ref ugee policy. The chapter will finally show how these three levels of protection are integrated to form the refugee protection mechanism.CHAPTER 4. THE REFUGEE PROTECTION MECHANISMS AS AN INTERNATIONAL REGIME.In this chapter, the researcher will attempt a discussion of the various types and components of international regime that exist in the international system. This discussion is then related to the international protection system in an attempt to prove whether or not the system constitutes an international regime, and what type of regime it is. It evaluates the role of the regime and its importance within the international system as a whole.CHAPTER 5. RESTRICTIVE MEASURESIn this chapter, a commentary of the various restrictive measures that states practice in order to cut down the influx of refugees across national borders is presented. The reasons for, and effect of, the restrictive policies are outlined. The concept of state sovereignty in relations to states reasons for, and justification of, the use of restrictive policies will also be discussed in this chapter.CHAPTER 6. RESTRICTIVE POLICIES AND REGIME CHANGEThis chapter will outline the neoliberal, neorealist and constructivist explanation of regime transformation. It will attempt to prove whether or not the use of restrictive measures by member states represents a change within, or of, the regime, or a weakening of the international regime of refugee protection. It then discuss the potential impact of the regime weakening on the regime itself, as well as for member states and for the refugees.CHAPTER 7. CONCLUSIONThis is the conclusive part of the work. The researcher will address the research question and attempts to answer them by providing a summary of the main conclusions about the refugee regimes type, strength and importance, and the role that it plays in the international system and how this is evolving.LITERATURE REVIEW (ANNOTATED)From the initial review of literature, the researcher found r esource materials including the following books, legal documents, journals and articles which will provide insights in to the studyALTERNATIVES, Turkish Journal of International Relations. Volume 5, number 12, spring and summer 2006.Countries have different approaches to refugee protection system. This article can be very useful for the research as it shows that one of the major differences in approaches is the receiving and/or transit status vis-a-vis the refugee flow. Using four European countries- Belgium, Slovenia, Greece and Turkey as cases, the article examines refugee policies and makes an evaluation of differences in refugee protection system that each country develops.Donnelly, Jack, International Human Rights A Regime Analysis in International Organization, Vol. 40, No. 3 (summer, 1986), 599-642.Donnellys article will be used in order to discover what type of regime the mechanism for protection in the international system is. It is useful for regime analysis.Creswell, J. W . 2003. Research Design Quantitative, Qualitative, and Mixed Methods Approaches. SAGE. Thousand Oaks. USA.For the researchers choice of method of investigation, a reference to Creswells work on research design will provide great help. computerized axial tomography S Goodwin-gill (1996) The Refugee in International Law2nd Edition. Oxford University Press Oxford.In this book, Goodwin-Gills provide an excellent overview of contemporary international refugee law, the three levels of protection, and the meanings and workings of the treaties and conventions on refugee protection. The book is widely recognized as the leading text on refugee law and as an excellent treatise of the international law on refugee, all the major problems are discussed in a general and lucid way.Hasenclever, Mayer and Rittberger (1997) Theories of International Regimes. Cambridge University Press Cambridge.This book is very essential in the writing of this thesis as it provides an overview of the rationalist appr oach to regime theory. The book examines in detail the neoliberal and neorealists distinct views on the origins, robustness and consequences of international regimes.Hathaway, James (ed) (1997) Reconceiving International Refugee Law. Martinus Mijhoff Publishers The Hague.Hathaways Book, a collection of essays by leading migration scholars, will be helpful in that it offers a response to the concerns of many states that refugee protection has become no more than a back door route to permanent immigration. It explores the potential for a shift to a robust and empowering system of temporary asylum, supported by a pragmatical system of guarantees to share both the cost and human responsibilities.Helmut Breitmeier (2008). The Legitimacy of International Regimes. Ashgate Publishing Limited. England.How legitimate are outcomes, outputs and impacts of international regimes? In this book, theoretical and empirical chapters rest period one another. The book explores the question whether pro blem-solving in international regimes is effective and equitable and whether regimes contribute that sates comply with international norms. It also analyses whether non-state actors can improve the output and input-oriented genuineness of global governance systems.Michelle Foster (2007) International Refugee Law and Social Economic Rights. Refugee from Deprivation. Cambridge University Press Cambridge.A range of emerging refugee claims is beginning to challenge the boundaries of the refugee convention regime and question traditional distinction between economic migrants and political refugees. Fosters book will greatly help in identifying the conceptual and analytical challenges presented by socio-economic deprivation. It undertakes an perspicacity of the extent to which these challenges may be overcome by a creative interpretation of the refugee convention, consistent with correct principles of international treaty interpretation.Keohane, Robert O., International Institutions Two Approaches in International Studies Quarterly, Vol. 32, No. 4 (Dec., 1988), 379-396.This is a journal article by Keohane that will also be helpful in formulating the rationalist approach to regime theory.Krasner, Stephen D. (ed) (1989) International Regimes. Cornell University Press CambridgeThis book by Krasner includes articles by various authors on neorealist and neoliberal approaches to regime theory. It also provides sharp criticism of regime theory and so therefore will help the research.Wendt, Alexander, Anarchy is what States Make of it The Social Construction of Power Politics in International Organization, Vol. 46, No. 2 (Spring, 1992), 391-425Wendts article will be useful in creating an alternative understanding to neorealism of how and why cooperation occurs in the international system of states.Aside, a variety of conventions, treaties, and agreements Will also be reviewed and referred to, including the 1951 Convention Relating to the Status of Refugees, the 1967 Proto col Relating to the Status of Refugees, the Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, the Cartagena Declaration on Refugees, the 1990 Dublin Convention, the 1990 Schengen Convention, the 1977 Treaty of Amsterdam, the 1950 European Convention on Human Rights, the 1981 African Charter on Human and peoples Rights and the 1948 Universal Declaration on Human Rights and its Protocols. These documents can be accessed in the annexes of Guy S, Goodwin-Gills book The Refugee in International Law2nd Edition. Oxford University Press Oxford, 379-550.2008 Global Trends Refugee Asylum- seekers, Returnees, Internally Displaced and Stateless Persons (16 June 2009).James C. Hathaway (Ed.). Re-conceiving International Refugee Law. P. xviiHasenclever, Mayer and Rittberger (1997) Theories of International Regimes.p.4Creswell, J.W. (1994) Research design Qualitative and quantitative approaches. Thousand Oaks, California Sage. in Bryman (2001) S ocial Research Methods, Oxford University Press, Oxford, p.264