Part IV Access to Protection and International Responsibility-Sharing, Ch.29 Smuggling of Migrants and Refugees

2021 ◽  
Author(s):  
Schloenhardt Andreas
Keyword(s):  
Criminal Justice ◽  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Asylum Seekers ◽  
Refugee Law ◽  
The Subject ◽  
International Responsibility ◽  
The United Nations ◽  
International Refugee Law

This chapter focuses on the smuggling of migrants in the context of refugee movements, and examines the scope and application of international law pertaining to these phenomena. The principal binding global instrument on this topic is the United Nations Protocol against the Smuggling of Migrants by Land, Sea and Air which, on the surface, coexists alongside international refugee law in situations where smuggled migrants are seeking asylum. Although the Smuggling of Migrants Protocol expressly recognizes the protection afforded to refugees under international law, its interpretation, operation, and implementation often run into conflict with the Refugee Convention. All too frequently, measures to prevent and combat the smuggling of migrants focus exclusively on law enforcement, criminal justice, and restrictive border measures without recognizing the rights of refugees, asylum seekers, and smuggled migrants, which are the subject of this chapter.

On the Legality Under International Law of the Criminalization or Suppression of the Expression of Solidarity to Refugees

2020 ◽  
Vol 114 ◽  
pp. 102-113
Author(s):  
Obiora Chinedu Okafor
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Legal Protection ◽  
Refugee Law ◽  
International Refugee Law

As Professor Jastram has noted, in and of itself, international refugee law is not explicit enough on the issue at hand. It is not clear enough in protecting persons who come in aid of, or show solidarity to, refugees or asylum-seekers. That does not mean, however, that no protections exist for them at all in other, if you like, sub-bodies of international law. This presentation focuses on the nature and character of those already existing international legal protections, as well as on any protection gaps that remain and recommendations on how they can be closed. It should be noted though that although the bulk of the presentation focuses on the relevant international legal protection arguments, this presentation begins with a short examination of the nature of the acts of criminalization and suppression at issue.

Part II Sources, Ch.10 The Office of the United Nations High Commissioner for Refugees

2021 ◽  
Author(s):  
Milner James ◽  
Ramasubramanyam Jay
Keyword(s):  
United Nations ◽  
The Political ◽  
Voluntary Contributions ◽  
Refugee Convention ◽  
United Nations High Commissioner ◽  
Refugee Law ◽  
High Commissioner ◽  
The United Nations ◽  
International Refugee Law ◽  
Over Time

This chapter addresses the role played by the Office of the United Nations High Commissioner for Refugees (UNHCR) in the making and implementation of international refugee law. It begins by considering UNHCR’s mandate responsibilities and operational functions to better understand the structures that condition the scope of UNHCR’s engagement with the functioning of international law. While UNHCR’s 1950 Statute and the Refugee Convention both mandate UNHCR to serve particular functions, such as its supervisory responsibility relating to the Refugee Convention, its Statute also places particular constraints on UNHCR, especially in terms of the scope of its activities and its reliance on voluntary contributions from States to perform its mandated functions. The chapter then looks at how the roles UNHCR has played in the making and implementation of refugee law at the global, regional, and national levels, through its operations, and how these functions have evolved over time. By illustrating the various instances where UNHCR has demonstrated power, along with those instances where UNHCR has exhibited pathologies and has been constrained by the interests of States, the chapter points to the importance of understanding international refugee law within the political environment in which it functions.

Alternative paths to refugee and asylum seeker protection in Malaysia and Indonesia

2019 ◽  
Vol 28 (2) ◽  
pp. 132-154 ◽  
Author(s):  
Atin Prabandari ◽  
Yunizar Adiputera
Keyword(s):  
Southeast Asia ◽  
International Law ◽  
Case Studies ◽  
Asylum Seeker ◽  
Asylum Seekers ◽  
The Other ◽  
Refugee Convention ◽  
Refugee Law ◽  
International Refugee Law ◽  
The One

This article explores how refugees in non-signatory countries in Southeast Asia, particularly Indonesia and Malaysia, have some protection through alternative paths under international refugee law. These two countries provide forms of protection even if they are not States Parties to the Refugee Convention. These two case studies show that the governance of protection for refugee and asylum seekers is provided through alternative paths, even in the absence of international law and statist processes. These alternative paths offer a degree of meaningful protection, even if this is not tantamount to resettlement. Alternative paths of protection are initiated mainly by non-state actors. The states try to manage alternative protective governance to secure their interests by maintaining their sovereignty, on the one hand, and performing humanitarian duties on the other. In this regard, Indonesia and Malaysia have resorted to meta-governance to balance these two concerns.

scholarly journals Peacekeeping Forces, Jurisdiction and Immunity: A Tribute to George Barton

2012 ◽  
Vol 43 (1) ◽  
pp. 77 ◽  
Author(s):  
Roger S Clark
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Forces ◽  
State Practice ◽  
Peacekeeping Forces ◽  
The Subject ◽  
The United Nations ◽  
Phd Thesis

George Barton wrote his PhD thesis at Cambridge on "Jurisdiction over Visiting Forces". He published three spinoffs from the thesis in the British Yearbook of International Law.  In all of these – each a tour de force in examining elusive and arcane State practice – he was at great pains to deny various supposed customary rules recognising immunity of foreign armed forces in the courts of a State in which they were visiting by consent. He worked in the United Nations Secretariat in New York just as the practice of United Nations peacekeeping began to develop. In this tribute, I try to imagine that he returned to the subject some 60 years later. Affecting, as best I can, the style of Dr Barton circa 1950, I offer some guesses as to how he might assess six decades of developments in law and practice in the multilateral context in which the United Nations, and especially the Secretariat and the Security Council, have been major actors.

scholarly journals PENEGAKAN HUKUM ILLEGAL FISHING

2020 ◽  
Vol 13 (1) ◽  
pp. 120-130
Author(s):  
Elvinda Rima Harliza ◽  
Tomy Michael
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Criminal Procedure ◽  
Large Area ◽  
Bilateral Agreements ◽  
Illegal Fishing ◽  
Procedure Code ◽  
The United Nations ◽  
The Law

Indonesia is a country that has a large area in the waters, so that foreign fishermen always escape illegal fishing activities. This theft occurred because of the lack of attention from the water inspectors. Until now, fish theft is still common. Because of this, Indonesia must suffer a huge loss of up to Rp 30 trillion each year. When viewed with a percentage reaching 25% with the amount of 1.6 million tons annually. These problems have resulted in many parties being harmed because of illegal fishing, so law enforcement is needed to regulate these actions. This is the reason the author writes a journal with the title Illegal Fish Enforcement. With the formulation of the problem as follows: "What are the arrangements for the enforcement of Illegal Fishing in Indonesia?". And "What is the legal arrangement of Illegal Fishing in international law?". This study uses a normative method that has been well applied by Indonesia today, also applied internationally. In this study the law is enforced by applying the reference of the 2009 Law on Fisheries contained in No. 45. This can be seen from all aspects starting from the investigation, its investigation, to the re-hearing. This is also explained in the Criminal Procedure Code issued in 1981 in Law No. 8. Under UNCLOS international sea law regulated by the United Nations regarding fishing sovereignty is only permitted if at any time it has obtained a shipping and fishing permit. And between the two countries must have bilateral agreements on sea territories.Indonesia merupakan sebuah negara yang punya wilayah besar dalam perairan, hingga membuat para nelayan asing selalu lolos dalam kegiatan illegal fishing. Terjadinya pencurian ini karena tidak adanya perhatian dari para pengawas perairan. Sampai saat ini, pencurian ikan ini masih sering terjadi. Karena hal ini, Indonesia harus mengalami kerugian yang besar mencapai Rp 30 triliun di tiap tahunnya. Jika dilihat dengan persenannya mencapai 25% dengan jumlah 1,6 juta ton setiap tahunnya. Persoalan-persoalan ini mengakibatkan banyak pihak yang dirugikan karena perbuatan Illegal Fishing, maka sangat diperlukan penegakan hukum yang mengatur tentang perbuatan tersebut. Inilah alasan penulis menulis jurnal dengan Judul Penegakan Hukum Illegal Fish. Dengan rumusan masalah “Bagaimana pengaturan penegakan hukum Illegal Fishing di Indonesia ?” dan “Bagaimana pengaturan hukum Illegal Fishing dalam hukum internasional ?”. Penelitian ini menggunakan metode normatif yang telah diberlakukan dengan baik oleh di Indonesia saat ini, juga diberlakukan di Internasional. Di dalam penelitian ini hukum ditengakkan dengan memberlakukan acuan dari Pasal 45 Undang-Undang Tahun 2009 tentang Perikanan. Ini dapat dlihat dari segala aspek mulai dari penyidikannya, penunututannya, hingga dilakukannya siding ulang. Hal ini dijelaskan juga dala Hukum Acara Pidana yang dikeluarkan tahun 1981 di Undang-Undang di Nomor 8. Berdasarkan hukum laut internasional UNCLOS yang diatur oleh PBB tentang kedaulatan pengkapan ikan hanya diperbolehkan jika kapan tersebut telah mendapatkan sebuah izin pelayaran dan penangkapan ikan. Dan antar kedua negara harus memiliki perjanjian bilateral tentang teritorial laut.

All’s Well That Ends Well. Or Is It? More on the Publications of the International Court of Justice

1990 ◽  
Vol 84 (2) ◽  
pp. 586-592
Author(s):  
Shabtai Rosenne
Keyword(s):  
United Nations ◽  
International Law ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
History Of ◽  
The Subject ◽  
The United Nations ◽  
American Society ◽  
Advisory Opinions

In 1987 I drew attention to a report published in 1986 by a member of the Joint Inspection Unit (JIU) of the United Nations, recommending a number of changes, some of them fundamental, in the presentation by the International Court of Justice of its judgments and advisory opinions. I indicated the principal objections that the Court had expressed on those recommendations, and pointed out that the implementation of some of them could constitute violations of the Charter, of which the Statute of the Court is an integral part. The matter was also the subject of a resolution adopted on April 9, 1987, by the American Society of International Law, reproduced in part in note 30 on page 695 of my Note. It is now possible to bring the story up-to-date and close an unfortunate chapter in the history of the Joint Inspection Unit.

A corpus-based approach to discourses of refugees and asylum seekers in UN and newspaper texts

2005 ◽  
Vol 4 (2) ◽  
pp. 197-226 ◽  
Author(s):  
Paul Baker ◽  
Tony McEnery
Keyword(s):  
United Nations ◽  
Asylum Seeker ◽  
Asylum Seekers ◽  
United Nations High Commissioner ◽  
Lexical Choice ◽  
Essential Aspect ◽  
High Commissioner ◽  
The Subject ◽  
The United Nations ◽  
Refugees And Asylum Seekers

A corpus-based analysis of discourses of refugees and asylum seekers was carried out on data taken from a range of British newspapers and texts from the Office of the United Nations High Commissioner for Refugees website, both published in 2003. Concordances of the terms refugee(s) and asylum seeker(s) were examined and grouped along patterns which revealed linguistic traces of discourses. Discourses which framed refugees as packages, invaders, pests or water were found in newspaper texts, although there were also cases of negative discourses found in the UNHCR texts, revealing how difficult it is to disregard dominant discourses. Lexical choice was found to be an essential aspect of maintaining discourses of asylum seekers — collocational analyses of terms like failed vs. rejected revealed the underlying attitudes of the writers towards the subject.

scholarly journals Serbia’s Action against Transnational Organised Crime

2016 ◽  
Vol 24 (2-3) ◽  
pp. 151-175 ◽  
Author(s):  
Tom Obokata ◽  
Aleksandar Boskovic ◽  
Nenad Radovic
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
International Law ◽  
Organised Crime ◽  
International Standards ◽  
Collective Actions ◽  
Investigative Techniques ◽  
United Nations Convention ◽  
The United Nations

This article examines the extent to which Serbia has implemented relevant international standards on action against transnational organised crime contained in the United Nations Convention against Transnational Organised Crime 2000. The first part explores key obligations with particular reference to prohibition of substantive offences, intelligence-led law enforcement (special investigative techniques), confiscation of criminal proceeds, as well as international law enforcement cooperation. The second part of the article analyses how these obligations are implemented by Serbia in reality by examining legislative frameworks as well as law enforcement practices. The main conclusion is that, while Serbia has taken some steps to implement international standards with a view to enhancing individual and collective actions against transnational organised crime, effective law enforcement is hampered by issues such as corruption and a lack of expertise, experience and resources.

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