Drøftelse vedrørende føtrste asylland

in Nordic Journal of International Law
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Abstract

One of the main problems of solving the first country of asylum problem is to adopt similar definitions in all countries, coupled with a system of exchange of asylum-seekers. The definition of the Conference on Territorial Asylum in 1977 was criticised for including the concept of "links and connections" which might give rise to uncertain problems of interpratation. Most participants felt that the risk of mass influx in case the rule of first country of asylum was abandoned was exagerated. No precise analysis of the size of the problem was at hand, but the total number of refugees in orbit at any time was estimated to be between 1000 and 2000. On the other hand a unilateral withdrawal of the rule, e.g. by the Nordic countries, could lead to a false distribution of refugees. Some participants found a burden sharing agreement superfluous, because refugees would automatically be distributed even without an agreement which would in certain cases be delicate to administer. It was also considered unlikely that political agreement on such a treaty could be found. Others felt agreement of the principle of burden sharing to be a necessary requirement for a common solution to the problem of first country of asylum. The establishment of a European commission to distribute refugees to "first countries" was discussed. It was suggested that administrative and humanitarian reasons call for a system that would work faster, and that the UNHCR might be better qualified to take up this task. It was stressed that criticism of the rule of first country of asylum did not by necessity imply acceptance of elected asylum.

Nordic Journal of International Law

Acta scandinavica juris gentium

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