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Displaced: A Proposal for an International Agreement to Protect Refugees, Migrants, and States

44 Pages Posted: 15 Aug 2014 Last revised: 8 Aug 2017

Jill I. Goldenziel

Marine Corps University-Command and Staff College; University of Pennsylvania; Harvard University

Date Written: April 21, 2017

Abstract

How can international law protect both international security and the human rights of displaced people? Existing international law protects only displaced refugees: those who flee persecution on the basis of religion, race, nationality, or political opinion. This article argues that a new Displaced Persons Convention must be created to protect the human rights of the world’s other 35 million victims of civil conflict and climate change who do not meet this narrow definition. International Refugee Law must be preserved as it is because it enshrines critical protections for minority rights that must not be diluted. However, an additional instrument of international law is necessary to resolve an issue that is at once one of the greatest human rights issues of our time and a threat to international peace and security. To support this argument, this article presents a comprehensive history of refugees in international law, combining primary sources and original interview data to trace how states have agreed for centuries that refugee law should protect minority rights, even as shifting state interests have changed refugee protection over time. This article refutes other scholarly proposals and UN practices that expand the category of “refugee.” It also contributes to growing scholarly interest in the history of human rights law by arguing that refugee law predates the modern human rights regime, challenges its foundations, and extends its claims to universality.

Keywords: international law, refugees, human rights, UNHCR

JEL Classification: F22, B31, J1, N40

Suggested Citation

Goldenziel, Jill I., Displaced: A Proposal for an International Agreement to Protect Refugees, Migrants, and States (April 21, 2017). 35 Berkeley Journal of International Law 47 (2017); Berkeley Journal of International Law (BJIL), Vol. 35, No. 1, 2017. Available at SSRN: https://ssrn.com/abstract=2480008 or http://dx.doi.org/10.2139/ssrn.2480008

Jill Goldenziel (Contact Author)

Harvard University ( email )

1737 Cambridge St.
Cambridge, MA 02138
United States

Marine Corps University-Command and Staff College ( email )

2076 South Street
Breckinridge Hall
Quantico, VA 22134
United States

HOME PAGE: http://scholar.harvard.edu/jill

University of Pennsylvania ( email )

Philadelphia, PA 19104
United States

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