CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE TERM “INTERNATIONAL COOPERATION” IN REGARD TO THE ADMISSION … situations. 50 By contrast, Great Britain held the opinion that the reference to international cooperation should be interpreted merely as referring to international solidarity achieved through the signing and ratification of the Convention. 51 Finally, the text of the Preamble was adopted as we know it today, in a narrower form than France proposed. But primarily it was a political compromise between the states. 52 Inder concluded that the drafters of the Convention had never considered Recital 4 of the Preamble to the Convention as a provision that should impose a positive obligation on states or the international community to cooperate in the sense of providing assistance to the states receiving a large number of refugees. The debate on international cooperation during preparation of the Convention was held in particular on whether the above mentioned recital in the Preamble is appropriate when the text itself does not set out any obligations in this respect. The states acknowledged that the real situation is that some of them are in a more difficult situation due to their geographical position. France’s effort to integrate international cooperation into the Preamble was guided by the idea that, in the event of a mass influx of refugees, it would not be able to fulfil some of the obligations set out in the Convention without the assistance of other states. The conclusion that Recital 4 of the Preamble to the Convention was not intended to give rise to specific legal obligations of the signatory states is also accepted by the majority of authors dealing with refugee law. 53 This is how it was at the time the Convention was adopted. However, the question is whether the Convention should be interpreted in regard to the time of its adoption or, conversely, to present. In my opinion, both approaches are needed. This approach is already taken by Hathaway, according to whom it is appropriate to consider not only the historical context of the Convention’s adoption, but the interpretation should also respect the current social and legal environment. 54 Honusková adds that the character of the Convention remains the same, only the interpretation has been changing. However, she does not deny that, following a change in socio-political circumstances, it is possible that there will be a change in a particular legal norm. 55 It is therefore important for the interpretation of an international document to know the situation in which it was adopted and the reasons for it. On the other hand, the meaning of legal obligations may develop as the situation changes. Therefore, it is also important to know how the states perceive the obligation arising from the Convention today. 3.3 Global Compact on Refugees The issue of international cooperation and solidarity is not new. It was the annual theme of the Executive Committee (hereafter “ExCom”) of UNHCR already in 1998, which then adopted the ”Conclusion on International Cooperation and Burden and Responsibility

50 The travaux preparatoires, ibid, p. 30. Or IDER, ibid, p. 541. 51 The travaux preparatoires, ibid, p. 31. 52 INDER, ibid, p. 539.

53 See: DOWN, McADAM, ibid, p. 871.; GARLIC, M. V., Solidarity under Strain: Solidarity and Fair Sharing of Responsibility in Law and Practice for the International Protection of Refugees in the European Union. Nijmegen: 2016, PhD thesis, Radboud University.; HURWITZ, A., The Collective Responsibility of States to Protect Refugees . Oxford: Oxford University Press, 2009. 54 HATHAWAY, J. C., The Rights of Refugees under International Law . New York: Cambridge University Press, 2005, pp. 55 and 62, ISBN 0521542634. 55 HONUSKOVÁ, ibid, p.17.

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