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MARKÉTA KŘIŽÁKOVÁ CYIL 10 ȍ2019Ȏ who benefit most.” 28 International instruments, which are based on international solidarity, implicitly recognize that the states have different positions and therefore some of them need greater assistance. 29 Thus, the term “international solidarity”, unlike the term “international cooperation”, implies the need to provide assistance to the state that is in a worse position. Moreover, solidarity is a concept that involves a moral or ethical aspect. 30 The state helping another one in need does not necessarily benefit from the provided assistance. The terms “burden-sharing” and “responsibility-sharing” are used in the context of refugee law by both the states and the United Nations High Commissioner for Refugees (hereafter “UNHCR”). 31 These terms are similar to solidarity, as the word “sharing” implies. Both terms may mean the specific form of international cooperation as well as the goal of such international cooperation. Both terms are also often used together or as synonyms. 32 Burden-sharing can be defined as a mechanism whereby the costs of a state granting international protection are distributed more fairly among other states. According to Zieck “ burden-sharing in the context of refugee law is usually related to the uneven distribution of refugee populations in the world and the consequent uneven division of corresponding obligations. ” 33 This term may already have some negative connotations, because refugees are perceived as a burden in the context of refugee law. 34 On the contrary, responsibility-sharing does not refer to the object of sharing, i.e. the burden, but refers to obligations of the states to bear the consequences of an adverse or otherwise problematic situation. Refugees are also viewed positively as a potential benefit for the host states. The terms “burden-sharing” and “responsibility-sharing” are usually interpreted more narrowly, in contrast to international cooperation. 35 For example Betts, Costello and Zaun interpret responsibility sharing as “the contribution of states towards supporting refugees who are on the territory of another state through the redistribution of money or people.” 36 UNHCR prefers to use the term ”international cooperation”. 37 However, all mentioned terms have not yet been clearly defined and the states interpret their content differently. Therefore, in the next part of this article I will focus on how these terms are used in the Convention and whether it is possible to clarify their purpose and consequences for the signatory states. 28 UN, General Assembly of UN, 55/2. United Nations Millennium Declaration , 8 September 2000 [accessed 22. 2. 2019]. Available at: http://www.un.org/millennium/declaration/ares552e.htm. 29 TÜRK, V., GARLICK, M., From Burdens and Responsibilities to Opportunities: The Comprehensive Refugee Response Framework and a Global Compact on Refugees. International Journal of Refugee Law , 2016, vol. 28, no. 4, p. 661 [accessed 22. 2. 2019]. Available at: doi:10.1093/ijrl/eew043. 30 CAMPANELLI, ibid. 31 The Office of the United Nations High Commissioner for Refugees was established by the United Nations General Assembly Resolution in 1950 as a UN subsidiary body with a mandate to protect refugees. 32 For example, the Global Compact on Refugees uses these terms together as “burden-and responsibility-sharing”. See: UN, United Nations High Commissioner for Refugees (UNHCR), Official Records, Seventy-third Session, Supplement No. 12, Part II, Global Compact on Refugees . New York: 2018, A/73/12 (Part II). 33 ZIECK, M., Doomed to Fail from the Outset – UNHCR’s Convention Plus Initiative Revisited . International Journal of Refugee Law , 2009, vol. 21, no. 3, p. 398. 34 TÜRK, GARLICK, ibid, p. 664. Or HARLEY, T., Innovations in Responsibility Sharing for Refugees , Research Paper No. 14. World Refugee Council, 2019, p. 6. 35 HARLEY, ibid, p. 6. 36 BETTS, COSTELLO, ZAUN, ibid, p. 22. 37 United Nations High Commissioner for Refugees (UNHCR), Expert Meeting, ibid, p. 2.

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