The Conclusions on the International Protection of Refugees Adopted by the Executive Committee of the UNHCR Programme

Autor: Jerzy Sztucki
Rok vydání: 1989
Předmět:
Zdroj: International Journal of Refugee Law. 1:285-318
ISSN: 1464-3715
0953-8186
DOI: 10.1093/ijrl/1.3.285
Popis: Apart from the 1967 Protocol and the 1969 OAU Convention, the development of refugee protection at the treaty level has made few significant advances. The limitations of the 1951 Convention and changed circumstances invite attention to other means by which protection and State practice can be influenced. This article offers a close look at UNHCR Executive Committee conclusions, as one category of international acts having a potentially influential role. The historical development of the Executive Committee and its practice are analysed, and reveal certain jurisdictional problems; these remain, although they tend to be overlooked in practice. The establishment of the Sub-Committee of the Whole in 1975 is considered, and the varying contents and tenor of the Conclusions are analysed. The author pays particular attention to their status in international law, and at their 'hard' and 'soft' characteristics. In his view, they are undervalued, despite the high principles they reflect, and their generally sound substance. The author suggests reasons for this relatively low status, and recommends ways by which this might be enhanced, for example, through more frequent UN General Assembly endorsements, and by more consistent promotion and dissemination.
Databáze: OpenAIRE