CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE TERM “INTERNATIONAL COOPERATION” IN REGARD TO THE ADMISSION … And do potential differences affect the states’ legal obligations? I will try to answer these questions in the next chapter. 3.1 Terminology The term international cooperation, as mentioned above, is used in many contexts, not only in the context of refugee law. Wolfrum described the cooperation as “the voluntary coordinated action of two or more States which takes place under a legal regime and serves a specific objective.“ 21 It is therefore up to the states to accomplish an objective by joint action, where the activities of one state cannot achieve the same result. 22 However, this definition is rather a description of the technical cooperation process. It is logical because cooperation as such has no predetermined value. The word “cooperation” itself means that it is a joint action, a process, not a result. Therefore, the meaning of the term cooperation can only be derived from the specific objective to be achieved. 23 The term international cooperation does not have any value, as opposed to solidarity. States or other subjects of international law may fulfil their duty to cooperate, regardless of the result, i.e. the support of another state. 24 International cooperation is best understood as a principle and a methodology that can be manifested in many forms. 25 Regarding refugee law, in addition to the physical redistribution of applicants for international protection, cooperation may include, for example financial and technical assistance, provision of knowledge and information or professional staff. It is the reason why Betts, Costello and Zaun suggest that international cooperation is the broadest of the terms used. 26 It is also important that international cooperation is mostly based on reciprocity. States seeking to achieve a common goal act jointly (or on the contrary do not act), expecting that other states will act (or accordingly not act) as well. The form of concrete action by individual states does not need to be identical. One state may contribute financially while the other state may provide its knowledge and the third one may provide its technical facilities. The term “international solidarity” is not widely used in international documents and it is not properly defined. 27 However, it is possible to refer to the Millennium Declaration, the UN General Assembly Declaration adopted on 8 September 2000, that defines solidarity as a fundamental value and states the following: “Global challenges must be managed in a way that distributes the costs and burdens fairly in accordance with basic principles of equity and social justice. Those who suffer or who benefit least deserve help from those 23 DELBRÜCK, J., Coexistence, Cooperation and Solidarity in International Law: The International Obligation to Cooperate–An Empty Shell or a Hard Law Principle of International Law? – A Critical Look at a Much Debated Paradigm of Modern International Law. In: Coexistence, Cooperation and Solidarity (2 vols.) . Brill | Nijhoff, 2012, p. 5, ISBN 9789004214828. 24 INDER, C., The Origins of ‘Burden Sharing’ in the Contemporary Refugee Protection Regime. International Journal of Refugee Law, 2017, vol. 29, no. 4, p. 528 [accessed 2. 2. 2019]. Available at: doi: 10.1093/ijrl/eex047. 25 UN, United Nations High Commissioner for Refugees (UNHCR), Expert Meeting on International Cooperation to Share Burdens and Responsibilities. In: unhcr.org , 27-28 June 2012, p. 2 [accessed 9. 3. 2019]. Available at: https://www.refworld.org/docid/4e9fed232.html. 26 BETTS, A., COSTELLO, C., ZAUN, N., A Fair Share: Refugees and Responsibility-Sharing , Report 10. Stockholm: Migration Studies Delegation, 2017, p. 20. 27 CAMPANELLI, D., Principle of solidarity. In: Max Planck Encyclopedia of Public International Law, vol. IX. New York: Oxford University Press, 2012, p. 288. ISBN 9780199291687. 21 WOLFRUM, ibid, p. 783. 22 WOLFRUM, ibid, p. 783.

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