CYIL vol. 10 (2019)

MARKÉTA KŘIŽÁKOVÁ CYIL 10 ȍ2019Ȏ we will face to other mass influxes of immigrants because of natural disasters such as drought, floods, earthquakes, etc. 16 In such a case, the duty to cooperate should be enforced as it is laid down in individual contractual instruments of international law as mentioned in the commentary of Draft Articles. 17 3. International cooperation (solidarity) term in international refugee law Problems that need to be solved by international cooperation also include a mass influx of people, refugees and migrants. Cooperation between states and other actors is the central issue of refugee law, not just today. International cooperation, solidarity, responsibility- sharing for refugees are widely discussed, but there is still no uniform and comprehensive view on the issue. 18 It is still not clear to what extent the states are obliged to assist other states with protection of refugees and how to share responsibility for persons seeking and possibly receiving international protection fairly. 19 The term “international cooperation” can be viewed through different perspectives, not only in terms of sharing responsibility for incoming refugees, but also in terms of their deterrence to enter a state’s territory. 20 Similarly, the term “solidarity” has many perspectives. When we talk about solidarity, do we mean solidarity between states, solidarity with an affected state, or solidarity of a state with refugees? In regard to the topic of this article, I will focus on international cooperation and solidarity in terms of receiving refugees and on assistance of the international community to a state struggling with the massive arrival of refugees on its territory. First of all, it is necessary to clarify the terms and terminology used. In academic discussion, many terms such as international cooperation, (international) solidarity, responsibility- sharing, burden-sharing, and others are used in relation to refugee law and the problem of responsibility for refugees. Are these terms synonyms, or are there differences between them? 16 However, it is uncertain whether states would grant asylum under the Convention Relating to the Status of Refugees in the event of natural disasters, because the Convention does not provide a natural disaster as a reason for persecution. Similarly, danger caused by armed conflicts is not a ground for granting asylum under the Convention. In such cases, it is appropriate to apply the subsidiary protection as laid down in Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 (the Qualification Directive) in the European region. However some EU Member States have granted asylum instead of subsidiary protection to persons arriving from armed conflicts, such as Syrians. 17 The UN General Assembly took note of the Draft Articles by Resolution A / RES / 71/141. Therefore, it is not a legally binding document, but may serve as the basis for a possible international treaty in the future. 18 For example these authors deal with international protection in refugee law: GOODWIN-GILL, G. S., McADAM, J., The Refugee in International Law, 3. edition. New York: Oxford University Press, 2007, p. 786, ISBN 9780199281305.; HURWITZ, A., The Collective Responsibility of States to Protect Refugees . Oxford: Oxford University Press, 2009.; FONTEYNE, J.P.L. Burden-Sharing: An Analysis of the Nature and Function of International Solidarity in Cases of Mass Influx of Refugees. Australian Yearbook of International Law , 1983, vol. 8, pp. 162-188.; NOLL, G., Risky Games? A Theoretical Approach to Burden-Sharing in the Asylum Field. Journal of Refugee Studies , 2003, vol. 16, issue 3, p. 236-252. 19 DOWN, R., McADAM, J., International Cooperation and Responsibility-sharing to Protect Refugees: What, Why and How?. International and Comparative Law Quarterly , 2017, vol. 66, p. 864 [accessed 2. 3. 2019]. Available at: doi:10.1017/S0020589317000343. 20 PIJNENBURG, A., GAMMELTOFT-HANSEN,T., RIJKEN, C., ControllingMigration through International Cooperation. European Journal of Migration and Law, 2018, vol. 20, p. 368 [accessed 19. 2. 2019]. Available at: doi:10.1163/15718166-12340034.

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