The global refugee crisis has presented a formidable challenge to the traditional understanding of state sovereignty and the control of national borders. While sovereignty affords States the right to control their borders and protect their nationals, States also have a humanitarian obligation to respect the human rights and dignity of refugees, who are often people fleeing from persecution, violence and abject poverty. This research explores the complex interplay between state sovereignty and humanitarian obligations in the context of refugee protection, by exploring the legal, ethical, and political dimensions of the issue. It argues that sovereignty should not be seen as an absolute or fixed concept, but rather as a dynamic and relational one, that is shaped by the changing realities and norms of the international community. By balancing sovereignty with the humanitarian obligation to protect refugees, this research also proposes a balanced approach that respects the rights of sovereign states while addressing the urgent needs of refugees. The research concludes that the legal framework which governs refugees, continues to be characterized on the one hand, by, the principles of state sovereignty and related territorial supremacy, self-defense, and self-preservation; and on the other hand by competing humanitarian principles, derived from general international law (including the purposes and principles of the United Nations) and treaty law.
Inhaltsverzeichnis (Table of Contents)
- Introduction:
- Understanding Sovereignty in the light of State Immigration Policies:
- Refugee Protection under International Law:
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This research examines the relationship between state sovereignty and the humanitarian obligation to protect refugees. The study investigates the legal, ethical, and political dimensions of this complex interplay, arguing that sovereignty is not absolute but rather a dynamic and evolving concept shaped by global norms and realities.
- The interplay of state sovereignty and humanitarian obligations in the context of refugee protection
- The dynamic and relational nature of sovereignty in the face of international legal frameworks
- The legal framework governing refugees, encompassing both principles of state sovereignty and competing humanitarian principles
- The impact of immigration policies on refugee protection
- The evolving nature of international law and its influence on state sovereignty
Zusammenfassung der Kapitel (Chapter Summaries)
- Introduction:
- Understanding Sovereignty in the light of State Immigration Policies:
- Refugee Protection under International Law:
This chapter introduces the complex relationship between state sovereignty and refugee protection. It examines the concept of sovereignty and its application in immigration policies, focusing on the challenges of balancing state control over borders with the protection of refugees.
This chapter delves into the traditional understanding of state sovereignty and how it relates to immigration policies. It discusses the implications of state sovereignty for refugee protection, examining the limits imposed by customary and treaty law. The chapter also explores the evolving nature of sovereignty in light of globalization and international cooperation.
This chapter examines the legal framework for refugee protection, focusing on the 1951 Refugee Convention and its subsequent amendments. It explores how the interaction of refugee law with other international legal instruments has eroded the traditional notion of absolute state sovereignty in the realm of refugee protection.
Schlüsselwörter (Keywords)
This research focuses on the complex relationship between state sovereignty, international law, and refugee rights. Key themes include the dynamic nature of sovereignty, the legal framework for refugee protection, and the balancing of state interests with humanitarian obligations. Other important concepts include customary and treaty law, jus cogens, immigration policies, and the evolving landscape of international law.
- Arbeit zitieren
- Martin Nimbom (Autor:in), 2024, Balancing State Sovereignty with Refugees Rights under International Law, München, GRIN Verlag, https://www.hausarbeiten.de/document/1459906
