难民保护面临的国际法问题及对策

Problems of Public International Law Confronted by Refugee Protection and Measures against it

对难民提供国际保护既是人道主义的要求,也是维护国际和平与安全使然,然而拒不接受难民的趋势越来越严重。应对这一问题的法律措施,一是修改既有难民定义,扩大国际难民法的保护范围,使得各国对那些不符合既有难民定义却处于与难民同样境地的人的援助,从纯粹基于人道主义考虑的自觉自愿行为转化为法律义务。二是强调国际人权法在难民国际保护中的应有作用。将人权原理应用到难民保护领域,通过敦促国家履行国际人权保护义务来实现对难民的保护,可以克服国际难民法的固有缺陷,并强化难民国际保护的法律基础。

To provide international protection for refugees is not only the demand of humanitarianism, but also the requirement of maintaining the peace and security of world. However, the trend to refusing admission of refugee has become more and more serious. There are two legal measures against this kind of situation： firstly, amending the existing definition of refugee to expand the protection scope of international refugee law so as to change the States＇ assistance to those people who don＇t meet the definition of the refugee but are actually in the condition of refugee from voluntary behavior based on pure humanitarian consideration to legal obligation. Secondly, emphasizing the role of international human rights law in the international refugee protection. To apply the principles of human rights to the field of refugee protection, and to realize the refugee protection by urging the States to fulfill their international obligation of human rights protection would overcome the inherent shortcoming of international refugee law and intensify the legal basis of international refugee protection at the same time.