CYIL vol. 10 (2019)

CYIL 10 ȍ2019Ȏ THE TERM “INTERNATIONAL COOPERATION” IN REGARD TO THE ADMISSION … legally binding, which is explicitly set in its introductory part. 64 It is an expression of the political will of the international community to strengthen the cooperation and solidarity with refugees and host states. The name itself may indicate that it is a package of different agreements between several actors. 65 Compacts are mostly accepted as an expression of political agreement and are aimed at practical cooperation, in contrast to the legal obligations expressed in the international treaties. 66 Although the Global Compact is not a legally binding document, the question is whether it can have any normative impact as a soft law . Soft law is a norm for which the content is not legally perfect, hence the rule is not formulated sufficiently clearly and unambiguously, or it is a norm that is not adopted in a legally binding form. 67 Although soft law is not legally binding, it may affect legal obligations. Soft law instruments are often a first step towards adoption of a specific legal obligation, or they further clarify and interpret already existing legal norms. 68 Despite the fact that the Compact is not legally binding, states attribute high importance to it. 69 It was the first time that a resolution on the work of UNHCR was put to a vote rather than being adopted by consensus. 70 The Compact is a product of UNHCR, but was created through the participation of states and other stakeholders. Indeed, it is an instrument on which the states participated and on to which they projected their ideas and opinions. At the same time, it is a compromise, and by voting on it states expressed their agreement with its conclusions and objectives. For this reason, I believe that it may be a good example of how states perceive and interpret the terms international cooperation and solidarity in refugee law nowadays. The question that remains is how specific the content of the Compact is and whether it can influence future legislation on international refugee law, or whether it can clarify existing legal norms, namely the Convention. Due to the article’s topic I will focus only on the aspect of international cooperation regarding acceptance refugees and their redistribution when analyzing the Global Compact. How does the Global Compact understand the term international cooperation and can it have any normative impact? 3.4 Global Compact on Refugees with focus on international cooperation The Global Compact in its introduction already refers to the international cooperation enshrined in the UN Charter. At the same time, it refers to the wording of Recital 4 of the Preamble to the Convention, stating that the Convention “ recognizes that a satisfactory solution to refugee situations cannot be achieved without international cooperation, as the grant of asylum may place unduly heavy burdens on certain countries .” Almost identical wording has already been used in the Conclusions on cooperation. Hence it is not for the first time when it is referred to international cooperation enshrined in the Preamble of the Convention. Thus, 64 UNHCR, Global compact , ibid, para 4. 65 GAMMELTOFT-HANSEN, T., The Normative Impact of the Global Compact on Refugees. International Journal of Refugee Law , 2018, vol. 30, issue 4, p. 606 [accessed 15. 3. 2019]. Available at: doi:10.1093/ijrl/eey061. 66 GAMMELTOFT-HANSEN, ibid, p. 607. 67 ŠTURMA, P., ČEPELKA, Č., Mezinárodní právo veřejné [Public International Law], 2nd edition. Praha: C. H. Beck, 2018, p. 84. 68 GAMMELTOFT-HANSEN, ibid, p. 606. 69 TÜRK, ibid, p. 6. 70 TÜRK, ibid, p. 6.; Third Committee of the UNGeneral Assembly adopted the resolution affirming the Compact on 13 November 2018 and it was sent to General Assembly for adoption on 12 December 2018 (181 states voted for the Compact, the United States of America and Hungary voted against and Eritrea, Liberia and Libya absented).

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