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refugee law : ウィキペディア英語版
refugee law
Refugee law is the branch of international law which deals with the rights and protection of refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law. The discussion forms part of a larger discussion on fragmentation of international law. While some scholars conceive each branch as a self-contained regime distinct from other branches, others regard the three branches as forming a larger normative system that seeks to protect the rights of all human beings at all time. The proponents of the latter conception view this holistic regime as including norms only applicable to certain situations such as armed conflict and military occupation (IHL) or to certain groups of people including refugees (refugee law), children (the Convention on the Rights of the Child), and prisoners of war (the 1949 Geneva Convention III).
==Sources of refugee law==
Refugee law encompasses both customary law, peremptory norms, and international legal instruments.
The only international instruments directly applying to refugees are the 1951 United Nations Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees. Both the Convention and the Protocol are open to states, but each may be signed separately. 145 states have ratified the Convention, and 146 have ratified the Protocol. These instruments only apply in the countries that have ratified an instrument, and some countries have ratified these instruments subject to various reservations.
Various regional bodies have also agreed to regional instruments, which applying only to member states. These instruments include:
* the 1966 Bangkok Principles on Status and Treatment of Refugees() adopted at the Asian-African Legal Consultative Committee in 1966.
* the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa()
* the 1984 Cartagena Declaration on Refugees() for Latin America
* the 1976 Council of Europe's Recommendation 773 (1976) on the Situation of de facto Refugees ()
* the 2004 European Union's Council Directive on minimum standards for the qualification and status of third country nationals and stateless persons as refugees or as persons who otherwise need international protection and content of the protection granted ()

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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