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  • THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AND THE SOURCES OF INTERNATIONAL REFUGEE LAW

  • Guy S. Goodwin-Gill
  • Journal:
    International & Comparative Law Quarterly / Volume 69 / Issue 1 / January 2020
    Published online by Cambridge University Press:
    13 January 2020, pp. 1-41
    Print publication:
    January 2020

  • The role of international organisations in international law-making tends to be downplayed in this largely State-centric world. The practice of UNHCR, however, is reason enough for a more sophisticated appreciation of the role that operational entities can play in stimulating State practice, and of how they may interact with and guide domestic courts in treaty interpretation and application. The ILC's recently completed projects on customary international law and subsequent agreements and practice encourage a cautious approach, but the high degree of judicialisation in refugee decision-making, the strong legal content in the international protection regime and the impact of UNHCR's operational activities open the way for institutional and grass-roots developments, keeping the law in closer touch with social and political realities and with the needs of those displaced.

  • International Refugee Law: Where it Comes From, and Where It's Going…1

  • Guy S. Goodwin-Gill
  • Journal:
    International Journal of Legal Information / Volume 45 / Issue 1 / March 2017
    Published online by Cambridge University Press:
    05 May 2017, pp. 24-27
    Print publication:
    March 2017

  • Despite nearly 100 years of international organization and practice, international refugee law is confronted today with the critical challenges of globalization, securitization and an increasingly mobile world. Large-scale movements have exposed serious cracks in the European project; the EU's stated policy goal seems simply to keep refugees away. Elsewhere, numerous refugee situations are “protracted,” while persistent underdevelopment continues to drive the movement of people between States, in a context in which States appear unable to manage “irregular” migration. If a generous asylum policy is in practice, contingent on well-controlled external borders, can the basic rules of protection survive? Or are asylum and the principle of non-return to persecution (non-refoulement) at risk in a new international legal order? These are the issues addressed below.

Voting Rights of Refugees
  • Ruvi Ziegler
  • Foreword by Guy S. Goodwin-Gill
  • Published online:
    02 February 2017
    Print publication:
    26 January 2017
  • Voting Rights of Refugees develops a novel legal argument about the voting rights of refugees recognised in the 1951 Geneva Convention. The main normative contention is that such refugees should have the right to vote in the political community where they reside, assuming that this community is a democracy and that its citizens have the right to vote. The book argues that recognised refugees are a special category of non-citizen residents: they are unable to participate in elections of their state of origin, do not enjoy its diplomatic protection and consular assistance abroad, and are unable or unwilling, owing to a well-founded fear of persecution, to return to it. Refugees deserve to have a place in the world, in the Arendtian sense, where their opinions are significant and their actions are effective. Their state of asylum is the only community in which there is any prospect of political participation on their part.

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