Published December 1, 2016 | Version v1
Journal article Open

Refugees at Real Borders: Legal and Policy Issues

Description

The influx of refugees to Europe brought 1.1 million people in 2015, and could easily be doubled in 2016, unless certain measures are taken rapidly. Despite the fact that 86% of all world refugees remain in the developing countries, the EU is in crisis. Our object here is to look into the International law applicable to refugees, as well as into EU law and policy, and to suggest measures for getting the world out of the crisis. The basic assumption is that the legal norms on refugees, their international protection, asylum and overcoming statelessness, are the essential and necessary elements of International law and that both regional and national norms should be aligned with the international ones. There are three parts to this study. First is an overview of the applicable International law of refugees, primarily based on human rights and humanitarian intervention. Second, European Union law and policies, completed as they are by the 28 national legal systems of member-states. Third, a review of the problems encountered so far in this area and proposals about what is to be done to overcome the crisis and restore normality. The latter include ceasefires and peace in Syria and Iraq, the acceptance of much-needed reforms, diplomacy at work by peaceful means – all in the interest of the international community and the people of the world. International law requires serious re-examination and codification, a task which has already been started but not as yet completed. Other measures are needed beyond International law proper, such as balancing the interests of individual nations with their international obligations, open borders, free trade and friendship among the world nations. Beyond Syria, Iraq, Afghanistan, and Eritrea, global peace is at stake. World peace is interconnected and interdependent with respect of human rights, they are the two pillars of the world order (Universal Declaration, 1948).

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