CYIL vol. 10 (2019)

MARKÉTA KŘIŽÁKOVÁ CYIL 10 ȍ2019Ȏ Sharing in Mass Influx Situations“ (hereafter ”Conclusions on cooperation“) in 2004 56 . The 2003-2005 Convention Plus Initiative 57 can be also mentioned because its goal was to reach an intergovernmental consensus on several aspects of responsibility-sharing, including resettlement. 58 The 2015 refugee crisis once again highlighted the need to deepen international cooperation. 59 The agreement regarding the need for a comprehensive approach in the event of a mass influx of refugees and migrants was reached in September 2016 at the summit in New York, where the UN General Assembly unanimously adopted the New York Declaration for Refugees and Migrants (hereafter ”New York Declaration”). 60 The New York Declaration is a non-legally binding political document that expresses the will to protect the rights of refugees and migrants. Member states have expressed solidarity with those who are forced to flee their homes and have agreed that protecting refugees and supporting the countries that shelter them are shared international responsibilities. States have claimed responsibility for the mass influx of refugees and migrants by doing so through international cooperation. At the same time they have taken note the different capacities and resources of the states. 61 In addition, one of the objectives adopted by the New York Declaration was to work towards the preparation of the Global Compact on Refugees 62 and the Global Compact on Safe, Orderly and Regular Migration 63 . However the article deals only with the Global Compact on Refugees in regard to the refugee topic. The Global Compact was affirmed on 17 December 2018 by the UN General Assembly after two years of preparations and consultations between UNHCR and member states, international organizations, refugees themselves, the non-profit sector, private sector and experts. Its integral part is the Comprehensive Refugee Response Framework (hereafter “CRRF”), which was already adopted by the New York Declaration and which is the basis for the Global Compact. The CRRF is followed by a Programme of action, setting out concrete measures that can be adopted by states and other stakeholders in response to the arrival of a large number of refugees, including measures to improve responsibility-sharing. The last part of the Global Compact deals with monitoring and appraisal of the progress. Before analyzing those specifics of international cooperation, it should be made clear what normative impact the Global Compact has or may have. The Global Compact is not 56 UN, United Nation High Commissioner for Refugees (UNHCR), Executive Committee, Burden and Responsibility Sharing in Mass Influx Situations. Conclusion on International Cooperation and Burden and Responsibility Sharing in Mass Influx Situations No. 100 (LV) – 2004 , Executive Committee 55th session. Contained in United Nations General Assembly document A/AC.96/1003, 8 October 2004 [accessed 2. 3. 2019]. Available at: https://www. unhcr.org/excom/exconc/41751fd82/conclusion-international-cooperation-burden-responsibility-sharing- mass.html. 57 For more information about the initiative Convention Plus, see web page UNHCR. Available at: https://www. unhcr.org/convention-plus.html. Also see the analysis of the initiative Convention Plus made by Zieck in ZIECK, ibid. 58 BETTS, A., The Global Compact on Refugees: Towards a Theory of Change?. International Journal of Refugee Law , 2018, vol. 30, issue 4, p. 624 [accessed 2. 3. 2019]. Available at: https://doi.org/10.1093/ijrl/eey056. 59 BETTS, ibid, p. 624. 60 UN, General Assembly of UN, Resolution adopted by General Assembly on 19 September 2017. 71/1. New York Declaration for Refugees and Migrants , 2016, A/RES/71/1. 61 UN, General Assembly of UN, ibid, para 11. 62 UNHCR, Global compact , ibid. See reference no. 27. 63 UN, General Assembly of UN, Resolution adopted by General Assembly on 19 September 2018. 73/195.Global Compact for Safe, Orderly and Regular Migration , 2019, A/RES/73/195.

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