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Research On Regime Addressing The Problems Of Large Movements Of Refugees From The Perspective Of International Law

Posted on:2019-08-26Degree:DoctorType:Dissertation
Country:ChinaCandidate:Y Q XieFull Text:PDF
GTID:1486305882988809Subject:Law
Abstract/Summary:PDF Full Text Request
This thesis takes the international legal regime to deal with the large movements of refugees as the research object and attempts to explore the plights and the solutions of dealing with the large-scale flow of refugees from three aspects: multilateral,regional and state practice.Apart from the introduction and the conclusion,the thesis is composed of five chapters.The introduction briefly introduces the research background.Meanwhile,it not only puts forward the theme of this thesis,but also summarizes the current situation of domestic and foreign research,and finally explains the research methods and difficulties.The first chapter deals with the explanation of the basic concepts and the theme.Firstly,the basic concepts of refugees are defined from the perspective of international law,and the concepts of immigrants,stateless persons and asylum seekers which are easily mistaken with refugees are well analyzed in the first chapter.Secondly,the historical process of the emergence and development of large movements of refugee flows are investigated,and the characteristics and reasons of large movemets of refugees are analyzed with the help of push-pull theory in demography.Lastly,it introduces the object of this study: the international legal regime of dealing with the problems of the large movements of refugees.The second chapter analyzes the multilateral legal regime of the United Nations to deal with large movements of refugees.First of all,it introduces the United Nations treaty system which is relating to refugees,and then explores the responses to large movements of refugees under the UNHCR,the specialized agency of the United Nations.Secondly,the thesis points out the challenges faced by the United Nations in dealing with large movements of refugees: the limitation of the definition of refugees and the absence of the rules of procedure of refugee conventions.Finally,it underlines the New York Declaration's commitment to addressing massive refugee flows and the Global Compact for Refugees,the thesis proposes to build a response system with UNHCR as the core.The third chapter explores the regional legal system to deal with large movements of refugees with the example of the European Union.Firstly,after clarifying the specific situations of large-scale refugee flows in Europe,this thesis analyzes the impact of large-scale refugee flows from three aspects: politics,economy and social security.Secondly,this thesis discusses the EU's legal system for dealing with large-scale refugee flows from the EU basic treaties,the EU's secondary legislation in the field of refugees and EU policy documents.Finally,the thesis points out the challenges that the EU faces with the principle of non-refoulement and Dublin regulations in dealing with the large-scale refugee flows and puts forward the solutions to perfect the EU Common Refugee Policy.In the fourth chapter,the author chooses the United States and Canada as samples to analyze the impacts and study the legal system of dealing with large movements of refugees from the perspective of state practice.Meanwhile,it analyzes the legal mechanism of the two countries dealing with the large movements of refugees from the sources of law,the evolution of the system and the state practice.Finally,it discusses the role of the United States Refugee Act 1980 and the Canadian Refugee Commission in coping with massive refugee flows.The fifth chapter analyzes the history and present situation of Chinese government dealing with the large movements of refugees.First of all,in order to safeguard the national interests in the new era,the thesis holds that China should strengthen the research on coping with the large movements of refugees and related issues While drafting the national refugee laws.Secondly,this thesis demonstrates the space for cooperation between China and the United Nations and its specialized agencies in dealing with large-scale refugee flows and emphasizes the significance of China's participation in the Global Compact for Refugees.In conclusion,the thesis summarizes the practice and problems of China's participation and affirms the imperative role of multilateral,regional international legal system and state practice in dealing with large movements of refugees.Meanwhile,the thesis also recommends that the multilateral legal system under the framework of the United Nations should be relied on to build a community of human destiny and to deal with the problems triggered by the large-scale flow of refugees through international cooperation.
Keywords/Search Tags:refugees, large movements, international legal regime, New York Declaration for Refugees and Migrants, UNHCR
PDF Full Text Request
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