حق العودة المستدامة وفقًا لقواعد القانون الدولي العام

Faculty Law Year: 2019
Type of Publication: ZU Hosted Pages: 1093-1261
Authors:
Journal: مجلة البحوث القانونية والاقتصادية كلية الحقوق - جامعة المنصورة Volume:
Keywords : , العودة المستدامة وفقًا لقواعد القانون الدولي    
Abstract:
1- Research topic The research topic revolves around a contemporary human right, which is the right to sustainable return to the country of origin. Which is one of the much-desired rights today and in our Arab societies in particular. Given what many Arab countries, such as Syria, Libya, Yemen, and Iraq before them, went through, they suffered calamities that ranged from wars to revolutions. The only thing that caused its noise was the departure of its people from it, either voluntarily for fear of being exposed to the incidents that these matters might cause, or by force and against their will as a result of the intensification of the conflict between the conflicting parties. Whether it was voluntary or forced; The right of sustainable return represents a glimmer of hope for everyone who has been subjected to migration in its narrow or broad sense. 2-The importance of the topic The importance of addressing this topic comes in the conflicts and disasters that countries of the world are going through that affect the people of the homeland and push them to migrate from their original homeland to another country that guarantees them what they desire of a decent and modest life sometimes in cases of forced migration, and in pursuit of luxury at other times in cases of voluntary migration. . Between this and that, sometimes the individual who left his place tends to return to his original place; He often finds difficulties in this path. Therefore, the United Nations, the High Commissioner for Refugees, and the International Organization for Migration sought to link migrants to their countries of origin by organizing the right of sustainable return in accordance with some international standards, during three stages that the use of this right passes through: the first stage is the stage of seeking to use this right, and the second stage It is the implementation stage and the transition from the country of asylum to the country of origin, and the third stage is the monitoring and evaluation stage within the country of origin. In this regard, we discuss the mandate of the United Nations High Commissioner for Refugees in three stages. Here lies the importance of the topic, which benefits most immigrants from Arab countries that have been subjected to revolutions and protests in the current decade. To escape the momentum and concerns of politics, or to escape the economic crises imposed on them in these countries. This research illuminates the way for them on how to benefit from the right of sustainable return and search for a way to return home with the least loss of life and money. 3- Research problems The issue of the right of sustainable return raises several legal questions. What is meant by the right of sustainable return? Who has the authority to use this right? Does the country of origin have the right to interfere in its regulation? What are the international standards that govern the implementation of this right? What is the difference between voluntary return and forced return of migrants? If there is a use of the right of sustainable return, what are the substantive and procedural requirements for implementing the right of sustainable return? What are the mechanisms for monitoring the implementation of the right of return after it begins to use it? How is the use of the right to sustainable return measured? Are there any indicators that help measure it and verify the correctness of its implementation? If there is international coordination regarding the use of the right of sustainable return; What is the role of the United Nations and the United Nations High Commissioner for Refugees in protecting the right of migrants to sustainable return? What is the role of the International Organization for Migration in this regard? What indicators are available to measure the right of sustainable return according to international standards? 4- Research methodology In studying this topic, I followed an essentialist, analytical, and descriptive approach. As the fundamentalist approach returns the detailed provisions to their theoretical origins, when we address the right of sustainable return, we immediately look to an international legal rule, which is a legal text contained in an international agreement issued by persons of public international law from states or international organizations regarding the organization of the right of return and the sustainability of its implementation. The analytical approach that we followed is to explain the texts of global, regional and bilateral international agreements concerned with the right of return. In addition to discussing some of the various international issues that refugees have experienced in the world, and how rules have been developed to protect the refugee’s right to return to his or her country of origin. And relying on the descriptive approach to know the work of some international organizations towards formulating a clear framework for the right of sustainable return. 5- Research plan Introductory topic: Defining the right of sustainable return Chapter One: The Legal Use of the Right to Return The first section: sustainable voluntary return and forced return The first requirement: voluntary, sustainable return. The second requirement: forced return. The second section: requirements for sustainable return The first requirement: objective requirements. The second requirement: procedural requirements. Chapter Two: The United Nations and the right of sustainable return The first topic: The role of the United Nations in regulating the right of sustainable return The first requirement: The resolutions of the United Nations General Assembly and their implementation mechanisms. The second requirement: the role of the United Nations High Commissioner for Refugees The second topic: The role of the International Organization for Migration in activating the right of sustainable return The first requirement: support voluntary return and reintegration programmes. The second requirement: using the return and reintegration indicator.
   
     
 
       

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