Suchergebnisse

SummaryIt is generally accepted that NATO's military intervention against Yugoslavia did not conform to recognized rules of legal positivism. For most western observers, the justification relies on its legitimacy rather than its legality. This moral argument is based on the belief that the humanitarian plight of the Albanian populations in Kosovo was exceptionally grave. While the situation on the ground prior to NATO's bombing campaign warranted western involvement, the article shows that it was not exceptional in relation to other armed conflicts around the world.Western diplomacy in this Balkan crisis reflects an element of selectivity concerning respect for public international law that will have negative consequences on the future of international relations. The result in the immediate region is a change in the balance of power accompanied by general destabilization. Despite the large international military and civilian presence, Kosovo has been transformed into an almost homogeneous Albanian territory and neighbouring Macedonia is threatened by an extension of the Albanian insurrection. This international intervention confirms the relevance of established legal norms on the use of force because they allow better chances for action guided by reason rather than one-sided media pressure.

This article argues that Western diplomatic options in Kosovo were not fully exhausted before resorting to the use of force.

Refugee advocates committed to the promotion of asylum & combating the xenophobia that has reduced possibilities for refuge in host countries should be concerned about the recent debate surrounding the issue of internally displaced people (IDPs).

One of the central policy challenges of the Kosovo refugee crisis was to persuade neighboring Macedonia to admit a massive influx of refugees that the government initially rejected. The eventual solution was based on a "burden-sharing" scheme involving the transfer of refugees to other countries. Human rights activists criticized the establishment of sharing as a precondition because they believed that such a compromise on the principle of unconditional asylum would further accelerate the restrictive policies of states toward refugees. Others argued that the Macedonian position was a political fact that had to be recognized & that a pragmatic response was necessary to avert a humanitarian disaster at the border. These two approaches clashed as states & international organizations tried to deal with the emergency. The article proposes a third approach that in some measure reconciles the opposing camps. It explains that there is a legal case for not considering first asylum as an unconditioned obligation on all states in all refugee situations, & that there in a moral-political case for encouraging states to share refugees for whom they feel they have a special responsibility. The recognition of such exceptional situations can strengthen the international refugee regime. The Kosovo emergency suggests that a clearly exceptional situation where burden-sharing can be considered imperative is when vulnerable states are faced with a mass influx of refugees that may export the conflict & lead to serious destabilization. 25 References. Adapted from the source document.

Examines Kosovar refugees in Macedonia in 1999, focusing on Humanitarian Evacuation Programme (HEP), Humanitarian Transfer Programme (HTP), and Macedonian government actions; policy issues; with comments.

Part of a "Symposium on the Human Rights of Refugees" (see abstracts in SA 43:4), focus here is on Canada's record of compliance with the guarantees provided in the 1951 Geneva Convention Relating to the Status of Refugees. Three aspects that constitute the foundation of Canada's refugee protection policy are discussed: the rights to work, social assistance, & health protection. The coherence of the Convention's protection regime is evaluated, examining interpretative difficulties regarding different catagories of refugees & different guarantees for each. Recent efforts toward reconceptualization of international refugee laws are addressed, exploring the possibility of systematizing the temporary nature of international refugee protection to encourage receiving countries to provide more extensive, long-term protection. 16 References. Adapted from the source document.

Some ten million people worldwide are displaced or resettled every year, due to development projects, such as the construction of dams, irrigation schemes, urban development, transport, conservation or mining projects. The results have usually been very negative for most of those people who have to move, as well as for other people in the area, such as host populations. People are often left socially and institutionally disrupted and economically worse-off, with the environment also suffering as a result of the introduction of infrastructure and increased crowding in the areas to which people had to move. The contributors to this volume argue that there is a complexity, and a tension, inherent in trying to reconcile enforced displacement of people with the subsequent creation of a socio-economically viable and sustainable environment. Only when these are squarely confronted, will it be possible to adequately deal with the problems and to improve resettlement policies