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The International Refugee Regime: The Historical and Contemporary Context of International Responses to Asylum Problems

Published online by Cambridge University Press:  14 October 2011

Extract

In the 1990s, an increasing number of refugees make their way to the countries of the West. While the annual number of asylum seekers to Western Europe and North America averaged about 20,000 in the mid- 1970s, by 1990 this figure had jumped to more than 500,000. Unlike previous migrants, many of these asylum seekers came from non-Western countries, including Iran, Turkey, Sri Lanka, and Ghana. Their flight to the West was but a small part of a worldwide refugee problem that has grown larger since the 1980s, especially in the Third World. The vast majority of the 17.5 million people now considered to be refugees are located in Asia, Africa, and Latin America. Despite the improved international climate created by the thaw of the Cold War, the current asylum crisis is likely to continue throughout the decade; the mass exodus of Kurds to Turkey and Iran in the aftermath of the Persian Gulf war is one reminder of this.

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Articles
Copyright
Copyright © The Pennsylvania State University, University Park, PA. 1992

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References

Notes

1. Widgren, Jonas, “International Migration and Regional Stability,” International Affairs (October 1990): 762.Google Scholar

2. “The Year of the Refugee,” Economist (23 December 1989): 23.

3. See, for instance, the comments of Dr. Nobel, Peter, Sweden's first Discrimination Ombudsman in “Refugees and Racism,” Refugees (December 1987): 35.Google Scholar

4. Smyser, W. R., “Refugees: A Never-Ending Story,” Foreign Affairs (Fall 1985): 155.Google Scholar

5. Simpson, Sir John Hope, The Refugee Problem: Report of a Survey (London, 1939), 551.Google Scholar

6. Marrus, Michael R., The Unwanted: European Refugees in the Twentieth Century (Oxford, 1985), 297 and 52.Google Scholar

7. Holborn, Louise, Refugees: A Problem of Our Time: the Work of the United Nations High Commissioner for Refugees, 1951–1972 (Metuchen, N.J., 1975), vol. 1, 825–33.Google Scholar

8. U.S. Committee for Refugees, World Refugee Survey: 1988 in Review (Washington, D.C., 1989), 3236.Google Scholar

9. Widgren, “International Migration,” 757.

10. Widgren, Jonas, “Asylum Policy at a Turning Point,” Refugees (March 1990): 23.Google Scholar

11. Jacobson, Jodi, Environmental Refugees: A Yardstick of Habitability, Worldwatch Paper 86 (November 1988): 6.Google Scholar

12. Simpson, The Refugee Problem,5.

13. Ibid., 5–6. Louise Holborn supports this conclusion in The International Refugee Organization, a Specialized Agency of the United Nations, Its History and Work: 1946–1952 (London, 1956), 1.Google Scholar

14. Gordenker, Leon, Refugees in International Politics (New York, 1987), 7475.Google Scholar

15. Marrus, The Unwanted, 7–8 and 51.

16. Zolberg, Aristide R., Suhrke, Astri, and Aguayo, Sergio, Escape From Violence: Conflict and the Refugee Crisis in the Developing World (New York, 1989), 245–57.Google Scholar

17. Newland, Kathleen, Refugees: The New International Politics of Displacement, Worldwatch Paper 43 (March 1981): 56.Google Scholar

18. Zolberg et al. Escape From Violence, 260–63.

19. Zolberg, Aristide R., “The Formation of New States as a Refugee-Generating Process,” Annals 467 (May 1983): 2438.Google Scholar

20. On the Greek exodus, see Ladas, Stephan, The Exchange of Minorities: Bulgaria, Greece, and Turkey (New York, 1933).Google Scholar

21. World Refugee Survey, 1989, 47.

22. “Austria: Hopes and Fear,” Refugees (July–August 1990): 7.

23. Loescher, Gil and Scanlan, John A., Calculated Kindness: Refugees and America's Half-Open Door, 1945–Present (New York, 1986), 170.Google Scholar

24. Independent Commission on International Humanitarian issues, Refugees: Dynamics of Displacement (London, 1986), 16.Google Scholar

25. “Belgium: Unresolved problems,” Refugees (March 1991): 18.

26. Mtango, Elly-Elikunda, “Military and Armed Attacks on Refugee Camps,” in Loescher, Gil and Monahan, Laila, eds., Refugees and International Relations (Oxford, 1989), 93.Google Scholar

27. Stoessinger, John G., The Refugee and the World Community (Minneapolis, 1956), 6.Google Scholar

28. See Dowty, Alan, Closed Borders: The Contemporary Assault on Freedom of Movement (New Haven, 1987).Google Scholar

29. Holborn, The International Refugee Organization, 4–5; Marrus, The Unwanted, 14. 30. Simpson, The Refugee Problem, 10.

31. See Krasner, Stephen, ed., International Regimes (Ithaca: 1983).Google Scholar

32. Goodwin-Gill, Guy S., The Refugee in International Law (Oxford, 1983), 1213.Google Scholar

33. Bull, Hedley, The Anarchical Society (London, 1977), 8.CrossRefGoogle Scholar

34. Nichols, Bruce, “Rubberhand Humanitarianism,” Ethics and International Affairs 1 (1987): 194.CrossRefGoogle Scholar

35. Jean-Pierre Hocke, “Beyond Humanitarianism: The Need for Political Will to Resolve Today's Refugee Problem,” address delivered at Oxford University on 20 October 1986 as the Inaugural Joyce Pearce Memorial Lecture (Oxford: Refugee Studies Programme with the Ockenden Venture, 1986), 8.

36. League of Nations, Committee on International Assistance to Refugees, “Report by the Committee Submitted to the Council of the League of Nations” (Geneva: 3 January 1936) [C.2.M.2.1936.XII], esp. 3–5 and 8. See also Holborn, UNHCR, 62–64.

37. Grahl-Madsen, Atle, Territorial Asylum, (London, 1980), 3.Google Scholar

38. Goodwin-Gill, The Refugee in International Law, 104–14; Grahl-Madsen, Atle, The Status of Refugees in International Law (Leyden, 1972), 2:611.Google Scholar

39. Holborn, Louise, “The League of Nations and the Refugee Problem,” Annals of the American Academy of Political and Social Science 203 (May 1939): 124–35.CrossRefGoogle Scholar

40. For a general biography of Nansen, see Sorenson, Jan, The Saga of Fridtjof Nansen (London, 1932)Google Scholar. On his work as High Commissioner, see Skran, Claudena, “Profiles of the First Two High Commissioners,” Journal of Refugees Studies 1 (1988): 277–96.CrossRefGoogle Scholar

41. Holborn, UNHCR, 105.

42. From 1921 until his death in 1929, Nansen served as High Commissioner for Refugees. The Refugee Section of the ILO assisted him in his work from 1924 until 1929. From 1931 and 1938, the Nansen International Office was the League's principal agency dealing with refugees. In addition, the League created a special High Commissioner to deal with refugees from Germany, which operated from 1933 until 1938. In 1939 the League merged these two functions and placed all refugees under a single High Commissioner for Refugees once again. Aufrict, Hans, Guide to League of Nations Publications, 1920–1947 (New York, 1951), 190–92.Google Scholar

43. Holborn, UNHCR, 106–7.

44. Holborn, Annals: 134; Simpson, The Refugee Problem, 195.

45. Statute of the Office of the United Nations High Commissioner for Refugees, adopted by the General Assembly on 14 December 1950. A/RES/428(V), Art. 20.

46. Holborn, UNHCR, 104–5, 138–39.

47. Refugees (November 1985): 9.

48. Lewis, Paul, “U.N. Aide Fears Help for Refugees Will Fall Short,” New York Times, 18 March 1990, 27.Google Scholar

49. Simpson, The Refugee Problem, 192.

50. Holborn, UNHCR, 68–70.

51. League of Nations, Official Journal (March–April 1921): 227–28.

52. Simpson, The Refugee Problem, 172–80.

53. Tartakower, Arieh and Grossman, Kurt R., The Jewish Refugees (New York, 1944), 429500.Google Scholar

54. UNHCR Statute, Article 8, para, (h) and (i).

55. Gorman, Robert F., “Private Voluntary Organizations in Refugee Relief,” in Ferris, Elizabeth, Refugees and World Politics (New York, 1985), 85 and 102.Google Scholar

56. Goodwin-Gill, The Refugee in International Law, 2.

57. “Convention relating to the International Status of Refugees, 28 October 1933,” League of Nations Treaty Series, no. 3663, vol. 159, 203; “Convention Concerning the Status of Refugees coming from Germany, 10 February 1938,” LNTS, no. 4461, vol. 192, 59.

58. League of Nations, Official Journal, Special Supplement No. 117, Fourteenth Assembly, Second Committee (Geneva, 1933), 2229Google Scholar; Maga, Timothy P., “Closing the Door: The French Government and Refugee Policy, 1933–1939,” French Historical Studies 12 (Spring 1982): 432.Google Scholar

59. In 1936, for instance, the Institute for International Law developed a universal definition of a refugee. In 1935 the Norwegian Foreign Minister championed an unsuccessful proposal that the League of Nations create a single refugee organization to deal with all refugees. Atle Grahl-Madsen, The Status of Refugees in International Law, 1:74, and League of Nations, Official Journal, Special Supplement No. 143, Sixteenth Assembly, Sixth Committee (Geneva, 1935), 1014, 52–54.Google Scholar

60. Vernant, Jacques, The Refugee in the Post-War World (London, 1953), 6.Google Scholar

61. Holborn, UNHCR, 65–86.

62. “United Nations Convention Relating to the Status of Refugees, 28 July 1951,” UNTS, no. 2545, vol. 189, 152.

63. See, for instance, Keely, Charles, Global Refugee Policy: The Case for a Development-Oriented Strategy (New York, 1981), 13 and 19.Google Scholar

64. Clark, Lance, “Internal Refugees—The Hidden Half,” in World Refugee Survey— 1988 in Review (Washington D.C., 1989); 1824.Google Scholar

65. See Sen, Amartya, Poverty and Famines (Oxford, 1981)Google Scholar, and Independent Commission on International Humanitarian Issues, Famine: A Man-made Disaster? (London, 1985).Google Scholar

66. “OAU Convention Governing the Specific Aspects of Refugee Problems in Africa of September 10, 1968,” UNTS, no. 14691, Art. 1(2).

67. Vernant, The Refugee in the Post-War World, 7–8.

68. Jaeger, Gilbert, “The Definition of ‘Refugee’: Restrictive vs. Expanding Trends,” World Refugee Survey 1983 (Washington D.C., 1984), 59.Google Scholar

69. Loescher, Gil and Scanlan, John A., Calculated Kindness: Refugees and America's Half-Open Door, 1945 to Present (New York, 1986).Google Scholar

70. , Grahl-Madsen, The Status of Refugees in International Law (1966), 4, and idem (1972), 93–98.Google Scholar

71. See, for instance, Wyman, David S., Paper Walls: America and the Refugee Crisis, 1938–41 (New York, 1985).Google Scholar

72. Goodwin-Gill, The Refugee in International Law, 71.

73. Dennis McNamara, “The Origins and Effects of ‘Humane Deterrence’ Policies in Southeast Asia,” in Loescher and Monahan, 125.

74. An exception to this rule is Luxembourg. It has no specific laws on refugees, but it does allow migrants to apply for asylum under the provisions of the 1951 Convention. Refugees (March 1991): 19.

75. Arthur C. Helton, “The Detention of Refugees and Asylum-Seekers: A Misguided Threat to Refugee Protection,” in Loescher and Monahan, 135–39; Johan Cels, Responses of European States to de facto Refugees,” in Loescher and Monahan, 191–92.

76. U.S. Committee for Refugees, Refugee Reports (29 January 1991): 1.

77. “France: Clearing Up the Confusion,” Refugees (March 1991): 22.

78. Roy McDowall, “Co-ordination of Refugee Policy in Europe,” in Loescher and Monahan, 181.

79. League of Nations, Official Journal (March–April 1921): 228.

80. UNHCR Statutes, Art. 1.

81. League of Nations, Nansen International Office for Refugees, “Report of the Governing Body” (Geneva, 1935) [A.22.1935.XII], 23.

82. Barbara Basler, “U.N. Panel in Hong Kong Assailed on Boat People,” New York Times, 15 January 1991.

83. See Elizabeth Ferris, “The Churches, Refugees, and Politics,” in Loescher and Monahan, 159–77.

84. League of Nations, “Report to the Council of 24 March 1924 by Dr. Nansen,” 387.

85. Holborn, UNHCR, 136.

86. UNHCR Statute, Art. 1.

87. League of Nations, “Report on the Work of the High Commissioner for Refugees presented by Dr. Fridtjof Nansen to the Fourth Assembly” (Geneva, 4 September 1923) [A.30.1923.XII], 18.

88. League of Nations Archives/C1105/187(N6).

89. Fred Cuny and Barry Stein, “Prospects for and Promotion of Spontaneous Repatriation,” in Loescher and Monahan, 305–6.

90. Jacques Cuenod, “Development or Relief,” in Loescher and Monahan, 229–35.

91. “A World of Changing Needs,” Refugees (April 1991): 36.

92. Ladas, Stephan, The Exchange of Minorities, Bulgaria, Greece, and Turkey (New York, 1932).Google Scholar

93. Cuenod, “Development or Relief,” 231–32.

94. “Cause and Effect,” Refugees (March 1990): 5.

95. High Commissioner for Refugees and Director of the ILO, “Measures in Favour of Russian, Armenian, Assyrian, Assyro-Chaldean and Turkish Refugees: Report to the Ninth Assembly” (Geneva, 1928) [A.33.1928], 11–12.

96. Julia Vadala Taft, “A Call to Action for Restructuring U.S. Refugee Policy, in World Refugee Survey: 1989 in Review, 9.

97. Letter from Nansen to N. Politis, 9 November 1922, Worm-Mueller, Jacob S., ed., Fridtjof Nansen Brev, vol. 4, 1919–25 (Oslo, 1966), 170.Google Scholar

98. James G. McDonald, “Letter of Resignation with an Annex” (London, 27 December 1935). A copy of the letter is reprinted in , Norman Bentwich, The Refugees from Germany, April 1933 to Dec. 1935 (London, 1936), 119228.Google Scholar

99. League of Nations, “90th Session of the Council,” Official Journal (February 1936), 126–29.

100. Quoted in Morse, Arthur D., While Six Million Died: A Chronicle of American Apathy (New York, 1968), 198.Google Scholar

101. UNHCR Statutes, Art. 2.

102. Aristide R. Zolberg et al., Escape From Violence, 258.

103. Hocke, “Beyond Humanitarianism,” 10.

104. Ogata, Sadako, “A Safer World,” Refugees (March 1991): 3.Google Scholar

105. Jonas Widgren, “Europe and International Migration in the Future,” in Loescher and Monahan, 53.

106. Ibid., 752–53.

107. Nichols, “Rubberband Humanitarianism,” 195.