Constructing Refugee Origin State's State Responsibility Towords Refugee Host State

The dramatic rise of refugees since the 1990 s and its consequent impact have made the refugee problem one of the major concerns of the international community.In general,the resettlement and care of refugees is the responsibility of the country of asylum or host country,or of an international organization such as UNHCR.However,as the number of refugees has been increasing,the burdens on countries of asylum or host countries has undoubtedly been increased,which has created various impacts on such countries' economic,cultural and environmental aspects.These costs have led to a conservative attitude on many states towards the acceptance of refugees and have contributed to the exacerbation of the refugee crisis,resulting in significant difference between the purpose of International Refugee Protection Law and its actual implementation.In order to balance the distribution of responsibilities in the international refugee protection law system,maintain a normal international relations order,enable the accountability of the misbehaving states,as well as to ease the burden on the host states,this study attempts to adjust the refugee issues from its source,based on the traditional state responsibility system and the cross-border international state liability system,which is to construct an accountability framework for the refugee host states against the refugee origin states as well as provide the theoretical basis of international law for the refugee host states to claim against the refugee origin state.This not only enables the refugee origin countries to respect the rights of their own citizens,but also deters the potential refugee origin states and makes them take measures to prevent refugees.In terms of the structure,this study firstly analyzes the problems caused by the defects of the current international refugee law system,and then proposes the rationality and necessity of constructing the state responsibility of the refugee origin state towards the refugee host state,which is mainly reflected in three aspects: firstly is to correct the international illegal acts of the misbehaving state,while at the same time help prevent the emergence of refugees at the source;secondly,enable the injured country to be reasonably compensated,at the same time encourage the host state to receive refugees;thirdly is to balance the rights and obligations of the international community,encourage compliance with the international law in order to maintain a normal order in international relations.The second chapter is to sort out the existing methods of accounting the liabilities of refugee origin states basedon the traditional state responsibility system,as well as analyze and illustrate three existing dilemmas of the methods: firstly is the lack of directly applicable sources of international law,secondly is the complexity of the accountability for refugee issues such as the definition of refugees,the causes of refugees;thirdly is the limitation of the traditional framework of state responsibility,such as the premise of the internationally wrongful acts,emphasis of negligence or deliberate.Therefore,this thesis believes the new development of the Trail Smelter case used in the method based on the traditional state responsibility,as well as the the new state responsibility theory,namely the international responsibility for the consequences of damage caused by acts not prohibited by international law,can help solve the solve the current refugee problem.The fourth chapter analyzes the applicable conditions and imputation models of international responsibility for the consequences of damage caused by acts not prohibited by international law.Then based on the characteristics of the refugee issues,the chapter discusses the rationality and the applicability of applying the new responsibility system to construct the state responsibility of the refugee origin state.The final chapter attempts to construct a framework of state responsibility for the refugee host state against the refugee origin states based on the previous discussion such as the applicable preconditions,the elements of the responsibility,the legal nexus,and the conditions for exemption of liabilities.At the end,this thesis also pays attention to the limitations,negative impressions and operational problems of constructing the state responsibility for the refugee origin states.For example,the applicability of principle fromthe Trail Smelter Case and the principle of non-abuse of rights in the refugee issues,the negative impact on the economic stability of the country of refugee origin state as well as the bad incentives for the refugee host state;the operational problems include the methods on calculation of the actual losses of refugee host states and so on;the procedural problems include the jurisdictional dispute,the implementation possibility and so on.Overall,all the mentioned issues are necessary for constructing the state responsibility of the refugee origin state and are to be developed.Under the circumstance where there is a failure of the refugee protection mechanism,and the fact that the international refugee law can not adapt to the growing needs and developments of contemporary international refugee issues,it is necessary to establish the state responsibility of the refugee origin state,which is theoretically possible.However,the complete establishment of such system also requires improvement in other supporting mechanisms such as the litigation procedure and the enforcement procedure.Also,the negative impacts of such systems also worth the attention and should be dealt with in caution.With the development of international law and the development of relevant theories,the conditions for the construction will gradually be available.