Определение понятия "беженец" в международном праве

Abstract

The article examines universal international norms relating to refugee definition. The author notes the use of group definition in the instruments adopted before World War II. The examined issues include refugee definitions in the statutes of the International Refugee Organization and of the UNHCR. Primary focus is on the refugee definition contained in the 1951 UN Convention relating to the Status of Refugees. Inclusion, exclusion and cessation clauses in Article 1 of the 1951 Convention are reviewed according to the UNHCR Handbook on Procedures and Criteria of Determination of Refugee Status, states' practice and doctrinal positions. In view of variety of approaches to several elements of the refugee definition the author recommends utilisation of the UNHCR Handbook for harmonisation of positions. The author notes the need for application of the internationally developed legal opinions related to refugee definition in the national refugee protection system.