ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 9

Sustainable development is “development which ensures that it meets the needs of the present without compromising the ability of future generations to meet their own needs”.

The terms “sustainability” and “sustainable development” became the focal points of discussions on the environment and development problems following the work of the WCED and the publishing of the concluding document of the Commission’s work, Our Common Future (WCED, 1987).

The original concept of sustainability refers to ecological sustainability and it is about the harvesting and managing renewable resources in such a way as not to damage future supplies.

The original concept of sustainability refers to ecological sustainability and it is about the
harvesting and managing renewable resources in such a way as not to damage future supplies.
Although the definition of the Brundtland Report looks in line with the original meaning of the
concept, it was not only applied to the use of nonrenewable resources, but also linked to economic
development and growth.

First phase of international environmental law dates back to earlier centuries.  This phase
witnessed the proliferation of treaties on the protection of wildlife from overexploitation.

In the fourth and last phase, starting with the Rio Earth Summit and the UNCED, Rio Declaration on Environment and Development and Agenda 21 introduced sustainable development discourse as a bridge between the developed and developing countries.

The term protocol corresponds to agreements less formal than those entitled “treaty” or “convention”,
but they also possess the same legal force. A protocol signifies an instrument that creates legally
binding obligations at international law. In most cases, this term encompasses an instrument, which
is subsidiary to a treaty.

If a convention is negotiated in anticipation that parties will negotiate one or more subsequent
elaborating texts, it takes the form of a framework convention.

Grave human rights violations during and after the Second World War, as well as global population movements, put refugee law on the agenda of the United Nations.

I is a regional instrument regarding the status of refugees.

The term refugee refers to a person who, in
the general sense, escapes or tries to escape from
unbearable personal circumstances. The destination
of the person who escapes is generally not suitable
for that person. The reason for the escape is the
need for freedom or security.

According to the 1951 Convention, well-founded fear of being persecuted can be originated from the reasons of race, religion, nationality, membership of a particular social group or political opinion.

An asylum seeker refers to the person who has left his/her country of nationality, went to a third country and applied for asylum there.

Internally displaced persons may have been displaced for the same reasons as refugees; however, they remained in their own countries and are still subject to the law of that country.

Today, the only international legal instrument aiming at the legal status of internally displaced persons is the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention). The Kampala Convention contains the same definition as The Guiding Principles on Internal Displacement.

Immigrant is the name given to the person who has left his country of nationality and immigrated to another country for economic reasons in order
to achieve a better standard of living.Unlike those seeking asylum, immigrants continue to enjoy the protection of their State and voluntarily embark on
this journey. States that accept immigrants do not have responsibilities arising from a basic human right, as is the case with asylum.

According to the principle of non-refoulement, an asylum seeker cannot be returned to a country where his/her life and freedom are deemed to be endangered. If the person is facing persecution in the country in which he or she is forced to return, the obligation for government officials on the border not to refuse is an essential part of the principle of non-refoulement .

UNHCR (United Nations High Commissioner for Refugees) is the primary  international institution under the UN dealing with the refugee issue, but it is not the only one. UNRWA was set up as a subsidiary organ of the General Assembly,
to assist those who had left Palestine as a result of the conflict. The assistance is mainly in the fields of relief, health and education. Besides UNHCR and UNRWA, there are other international organizations founded outside the UN. The most common one of those organizations is the International Organization for Migration (IOM).

The Global Compact on Refugees aims to strengthen the international response to large movements of refugees under the guiding principles of humanity, international solidarity and burden and responsibility sharing. Its four key objectives are to ease the pressure on host countries, to enhance refugee self-reliance, to expand access to third-country solutions and to support conditions in countries of origin for return in safety and dignity. The correct answer is C.

After 18 months of extensive consultations with the UN Member States, experts, civil society and refugees, the UNHCR presented the Global Compact on Refugees as part of his 2018 annual report to the General Assembly. The Compact was affirmed by the member States of the UN General Assembly on December 17, 2018 in the annual resolution on the work of UNHCR. As the Compact is not an international treaty, it is not binding under international law for now. The correct answer is D.