International Refugee Law (IRL) stands on a humanitarian platform that is, unfortunately, derisory and insufficient for the contemporary time, but one, which remains a terra incognita despite the frequency and enormity of current refugee crises. The problem of the refugee is today profoundly different. The persecutors are not defeated and defunct regimes. Instead, persecutors are existing governments, able to insist on the prerogatives of sovereignty while creating or helping to generate refugee crises. When labeled as persecutors, they react as governments always react. They assert their sovereignty and castigate as politically motivated the human rights claims made against them. To criticize these governments as persecutors are often the surest route to exacerbating a refugee crisis because it shrinks the opportunity to garner their requisite cooperation. In the face of dramatically and cataclysmically changed social and economic conditions, States felt obliged to abandon the centuries-old practice of permitting the free immigration of persons fleeing dangerous circumstances in their home countries. To limit the number of persons to be classified as refugees while still offering sanctuary to those in greatest need, international legal accords were enacted which imposed conditions requisite to a declaration of refugee status.
The Global Compact for Safe, Orderly and the Regular Migration (GCM) is slated to be unprecedented inter-governmental agreement secured by the United Nations Organization (UNO) addressing all dimensions of international migration. It provides an extraordinary occasion to enhance the Global Governance of International Migration within the Framework of Sovereignty, Safety, and Sustainable Development. In the contemporary international migration patterns, migrants have become a resource to sustainable development. The idea of GCM mooted in April 2017 would be crystallized at the end of 2018 by adopting the GCM at the United Nations General Assembly (UNGA) sponsored inter-governmental conference on international migration.
GCM Genesis: The New York Declaration
On 19 September 2016, Heads of State and Government congregated to regurgitate at the global level within the UNGA, challenges presented by the international migration and refugees’ flows across the globe. It evolved a political understanding that international migration and refugee issues must have visible priority in the global agenda. Thus, 193 UN nation-states have committed and recognized the necessity for greater cooperation coupled with a holistic and consolidated approach to address the human mobility and adopted the New York Declaration for Refugees and Migrants (NY-DRM). The NY-DRM envisages the protection, safety, dignity, human rights and fundamental freedoms of all migrants irrespective of their migratory status at all times by supporting nation-states who are receiving, rescuing and hosting large populations of migrants and refugees. It undertakes to integrate migrants with the host communities by addressing the requirements and capabilities of both migrants and host states within the framework of sovereignty, safety, and sustainable development. It requires combating xenophobia, abolishing the racism and eliminating discrimination towards all migrants by developing a state-driven process of non-binding principles and voluntary guidelines regarding the treatment of migrants in vulnerable situations. The NY-DRM stipulates the strengthening the global governance of international migration, including by bringing International Organization of Migration (IOM) into the UN orbit and through the accelerated development of a Global Compact for Safe, Orderly and Regular Migration.
GCM Aims: Agenda For Sustainable Development
The NY-DRM under its Annex II has commenced an inter-governmental process of consultations and parleys culminating in the scheduled adoption of the Global Compact for Migration at an intergovernmental conference on international migration in 2018.The GCM has been contemplated consistent with Target 10.7 of the 2030 Agenda for Sustainable Development in which UN Member States pledged to have global cooperation to enable safe, orderly and regular migration as per the mandate enunciated in Annex II of the NY-DRM. The Annex II proposes to address all dimensions of international migration, including the developmental, environmental, human rights-oriented, humanitarian, and other dimensions. It is bound to contribute to global governance and improve coordination on international migration by envisaging a framework for comprehensive international cooperation on human mobility and migrants. The impugned GCM framework would have a range of actionable commitments that might ensure the implementation, follow-up structure, and review among the UN Member States regarding international migration in all its dimensions propelled by the 2030 Agenda for Sustainable Development. Further, the Addis Ababa Action Agenda and the Declaration of the 2013 High-Level Dialogue on International Migration and Development would create an informed international community.
GCM Development: The Rule of Law, Transparency and Inclusion Process
The place of the rule of law in the global governance of international migration has been duly identified as an appropriate lego-institutional response to migratory movements. However, the rule of law required its application and interpretation in the municipal jurisdiction and as well as international courts and tribunals particularly in the context of human rights of migrants and refugees and forcibly displaced persons. Therefore, the rule of law must also be reflected in the reception policies of migrants, refugees, and forcibly displaced persons. The role of international and regional organizations like SAARC in supporting the incorporation the rule of law in municipal legal, administrative and judicial processes in the wake of global migration governance issues. Consequently, the process of consultations and negotiations for developing the GCM is being evolved with elements of openness, transparency, and inclusion. GCM subscribes to the active participation of all the stakeholders in its process such as civil society organizations, NGOs, the private sector, academic institutions, legislative bodies, diaspora communities, and migrant organizations. These elements have been postulated in the Modalities Resolution for GCM inter-governmental parleys.
The GCM is slated to explore the multi-layered dimensions of protection that international human rights law (IHRL), international humanitarian law (IHL), and customary international law (CIL) along with IRL offer to asylum-seekers, refugees, and the forcibly displaced migrants. The ambition of the GCM framework is to guarantee a defined range of protection to all human beings, and thus resurrect the IRL foundation from normative entitlement on the ground of exclusive reliance on national membership to substantive architecture of Safe, Orderly and Regular Migration Governance with a vision of common humanity. The GCM is a comprehensive initiative of international perspective that should not remain formally tied to States rather it must operate as a collective regarding its inception and implementation. The GCM norms must visualize the integration threshold with the empirical world while crystallizing the responsibilities for practical delivery. The GCM should remain predictable that the expectations raised by the normative reach of the IRL are often dashed in the multifaceted and problematic human world of contributory power, politics, and conflict. The mandate of the GCM ought to adumbrate the IHRL, IHL, CIL and IRL context, and allude the laxities and limitations for the resurrection of the IRL for ensuring the protection of refugees and asylum-seekers and to enhance the global governance of international migration.
Russia-Ukraine War, China and World Peace
On May 3, when asked about the possible causes of the Ukrainian tragedy, His Holiness Pope Francis speculated about an “anger” probably “facilitated initially by NATO’s barking at Russia’s door. I cannot say whether this anger was provoked, but it was probably facilitated”.
What do the Pope’s words mean? In short, they mean that in international relations – of which the Holy See is Master of the Art – two things count: respect for the other and ignorance. The former is to be always placed as a founding element of peace, the latter is to be eradicated, especially in countries like Italy and in many others, as a factor of war.
Why was the Soviet Union respected and why the same respect and consideration is not owed to Russia? Why with the Soviet Union, after the normalisation of the Prague Spring, did a still divided but wise Europe (today, instead, united only by the banks’ and bankers’ money) and a sharp-witted West, with Russia’s agreement, launch the Helsinki Conference on Security and Cooperation in Europe? Why instead did a powerless Europe, a semi-colony of the United States of America – with the UK as the 51st star on its flag – together with the White House, pretend not to see what was happening in Ukraine? Why did they turn a blind eye to this conflict, which has been going on since 2014, and fomented the rise to power of people who, by inciting hatred against Russia, were under the illusion that NATO would come to their aid, turning Europe into a pool of blood for their purposes?
Do some people probably believe that Russia is still that of Yeltsin, ready to open up – in every sense – to the first master coming along? These are the cases in which respect is lacking and ignorance triumphs.
As to an example of ongoing and consistent respect in foreign affairs, it is useful to comment on a recent speech delivered on April 21 by China’s President Xi Jinping, which developed several points.
He pointed out that, for over two years, the international community has made strenuous efforts to meet the challenge of COVID-19 and promote economic recovery and development in the world. He added that the difficulties and challenges show that the international community has a shared future for better or for worse, and that the various countries must strive for peace, development, and win-win cooperation so as to work together and tackle the different problems that gradually emerge on the scene.
With a view to facing the health emergency, China has provided over 2.1 billion vaccine doses to over 120 countries and international organisations and it will continue to make the pledged donations of 600 million doses to African countries and 150 million doses to the countries of the Association of South-East Asian Nations (ASEAN) to proactively help bridge the vaccine gap.
With specific reference to the economic recovery, President Xi Jinping pledged to keep on building an economy open to the world, strengthening macroeconomic policy coordination and preserving the stability of industrial and supply chains, as well as promoting balanced, coordinated and inclusive development globally. He said: “People need to be put first and development and social welfare must be prioritised. It is important to promote pragmatic studies in priority areas such as poverty reduction, security, food, development finance and industrialisation, as well as work on solving the issue of unbalanced and insufficient development, and move forward by establishing job creation initiatives.”
With regard to the recent war clashes, President Xi Jinping deems necessary to jointly safeguard world peace and security. I wish to add that the Cold War-style mentality – what is happening in Ukraine, i.e. the West disrespecting Russia, considering it an enemy as in the past, but not as strong as in the days of the CPSU – can only undermine world peace. Hegemonism aimed at conquering Eurasia – as the land that holds the remaining raw materials on the planet – and the policy of the strongest country can only undermine world peace. The clash of blocs can only worsen the security challenges of the 21st century.
Why, while the Warsaw Pact (of which the People’s Republic of China was never a member and never wanted to be a member) was dissolved, did the same not happen with NATO? China has always wanted to promote world peace, never wanting to be part of aggressive and barking alliances.
China pledges to advance the vision of common, integrated, cooperative and sustainable security and to jointly preserve world peace and security. It pledges to respect all countries’ sovereignty and territorial integrity; to pursue non-interference in other countries’ internal affairs, and to respect the development path and social system chosen by peoples. It pledges to abide by the aims and principles of the UN Charter; to reject the warmongering mentality (opposing the good countries by default vs. the bad ones conventionally); to oppose unilateralism and to reject the policy of bloc confrontation. China takes all countries’ security concerns and legitimate interests into account. It pursues the principle of indivisible responsibilities and builds a balanced and effective security architecture. It opposes one country seeking its own security by fomenting insecurities in the others. China seeks dialogue and consultation, as well as peaceful solutions to inter-State differences and disputes. It supports all efforts for the peaceful settlement of crises. It refrains from double standards and rejects the arbitrary use of unilateral extraterritorial sanctions and jurisdictions.
It is crucial to adopt a comprehensive approach to maintain security and respond together to regional disputes and planetary challenges such as terrorism, climate change, cybersecurity and biosecurity.
Global governance challenges must be addressed together. The world countries are on an equal footing when it comes to sharing fortunes and misfortunes. It is unacceptable to try to throw anyone overboard. The international community is currently a sophisticated and integrated device. Removing one of its components makes it very difficult for it to function, to the detriment of the party that is deprived by others of its own guarantees that call into question the very existence of a State – such as trying to deploy nuclear warheads a few kilometres from a capital city.
Only the principles of broad consultation, joint contribution and shared benefits can promote the common values of humanity, foster exchanges and inspire reciprocity between different civilisations. No one should believe to be better than another by divine grace or manifest destiny.
True and genuine multilateralism must be pursued and the international system centred on the United Nations and the world order based on international law must firmly be preserved. Great countries, in particular, must set an example in terms of respect for equality, cooperation, credibility and the rule of law to be worthy of their greatness.
In ten years of President Xi Jinping’s leadership, Asia has maintained overall stability and achieved fast and sustained growth, thus creating the “Asian miracle”. If Asia does well, the whole world will benefit. Asia has continued to strive to develop, build and maintain its strength, i.e. the basic wisdom that makes the continent a stabilising anchor of peace, an engine of growth and a pioneer of international cooperation.
These achievements come from as far back as the aforementioned Chinese refusal to join aggressive military blocs. They are based on the Five Principles of Peaceful Coexistence drafted by Prime Minister Zhou Enlai on December 31, 1953, published on April 29, 1954, and reaffirmed at the Bandung Conference on April 18-24, 1955: (i) mutual respect for each other’s territorial integrity and sovereignty; (ii) mutual non-aggression; (iii) mutual non-interference in each other’s internal affairs; (iv) equality and cooperation for mutual benefit; (v) peaceful coexistence.
They are based on the Eight Principles for Foreign Aid and Economic and Technical Assistance proposed by the aforementioned Zhou Enlai before the Somali Parliament on February 3, 1964, which became the emblem of China’s presence in Africa: (i) China always bases itself on the principle of equality and mutual benefit in providing aid to other nations; (ii) China never attaches any conditions or asks for any privileges; (iii) China helps lighten the burden of recipient countries as much as possible; (iv) China aims at helping recipient countries to gradually achieve self-reliance and independent development; (v) China strives to develop aid projects that require less investment but yield quicker results; (vi) China provides the best-quality equipment and materials of its own manufacture; (vii) in providing technical assistance, China shall ensure that the personnel of the recipient country fully master such techniques; (viii) Chinese experts are not allowed to make any special demands or enjoy any special amenities.
Over the last ten years President Xi Jinping has successfully applied the Chinese doctrine in international relations, following and implementing his country’s multi-millennial traditions of diplomacy. ASEAN’s central place and role in the regional architecture has been strengthened in Asia, preserving the order that takes all parties’ aspirations and interests into account. Each country, whether large or small, powerful or weak, inside or outside the region, contributes to the success of Asia’s development, without creating war frictions. Each country follows the path of peace and development, promotes win-win cooperation and builds a large family of Asian progress.
The ASEAN countries are the following: Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar (Burma), Philippines, Singapore, Thailand, Vietnam (Papua New Guinea and East Timor as observers).
Furthermore, the fundamentals of China’s economy – its strong resilience, huge potential, ample room for manoeuvre and long-term sustainability – remain unchanged. They will provide great dynamism for the stability and recovery of the world economy and wider market opportunities for all countries.
The People’s Republic of China will be fully committed to its new development rationale. It will step up the establishment of a new growth paradigm, and redouble its efforts for high-quality development. China will promote high standards; expand the catalogue for the creation of new computer software; improve investment promotion services and add more cities to the comprehensive pilot programme for opening up the service sector.
China will take concrete steps to develop its pilot free trade zones and the Hainan Free Trade Port will be in line with high-standard international economic and trade rules and will move forward with the institutional opening process.
China will seek to conclude high-level free trade agreements with more countries and regions and will proactively endeavour to join the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the Digital Economy Partnership Agreement (DEPA).
China is moving forward with the Silk Road (Belt and Road) cooperation to make it increasingly high-level, sustainable and people-centred. China will firmly follow the path of peaceful development and will always be a builder of world peace, as well as a contributor to global development and a defender of the international order.
Over the last ten years, under President Xi Jinping’s leadership, the People’s Republic of China has been following the old Chinese saying: “Keep walking and you will not be discouraged by a thousand miles; make steady efforts and you will not be intimidated by a thousand tasks”.
The More Things Change…
The brutality of ethnic cleansing is complete. It does not distinguish between mother and son, young and old, child or adult. It goes about its gruesome business without conscience or moral compensation. It is the conversion of man into an unthinking beast. It is Putin, Zelensky, Modi and Xi Jinping … all rolled into one. It is us. The seed is there, needing only fertile soil to germinate.
The EU announces more aid to Ukraine — mostly military aid; the US announces more aid to Ukraine — mostly military aid. The Ukrainians saying ‘we will never surrender’ continue to fight. The Russians asking for talks are not backing down. Ukraine’s real value to the world is as an exporter of grain which helps to stabilize grain prices. Feeding a war therefore, runs counter to such stability.
On the heels of covid and its inflationary fallout, who wants a rise in food prices? Not India, not Africa, not the EU and Russians are already feeling the pinch. Perhaps grain exporters in North America could be an exception. Yet at what cost?
According to the UN Secretary General, Antonio Guterres, the Security Council failed to prevent the war or to end it. How can it when the most influential member and its European allies are busy funding it?
Human strife is displayed on almost every continent. Stone throwing at ultra-nationalists by Palestinians after Friday prayers is a routine accompanied sometimes by tragedy. One side provokes, the other side retaliates. Stones are thrown, fights breakout. The authorities respond and more Palestinians are killed — fifteen last Wednesday. Is this the big story in Israel? Of course not.
A TV report accused millionaire Naftali Bennet, the current prime minister, of extravagant expenditure from the public purse at his home, which currently serves as his official residence.
Mr. Bennett disclosed that $26,400 of taxpayer money was spent on his home each month including a $7,400 food bill. His defense avers that his conduct is within the rules and that his predecessor Benjamin Netanyahu spent, on average, $84,300 per month during his tenure.
Noting his efforts at parsimony, he pointed out he did not employ a cook as he is entitled to. Instead, the family sent out to restaurants, presumably the best ones, to have food delivered. Sensitive to the criticism, he states he will henceforth pay for all the food from his own picket.
Sara Netanyahu, his predecessor’s wife, had to admit misusing public funds during a similar scandal and was obliged to pay a $15,000 fine. The prime minister is paid $16,500 per month — average monthly salary in Israel is $3,500.
Plus ça change …
China, the Arctic, and International Law
The Arctic involves the interests of several major international actors, and climate change, which necessitates the search for more resources and increases the availability of resources in the region, makes the region more important than ever. In this regard, states are divided into “Arctic states” and “non-Arctic states,” with the former having territorial sovereignty and jurisdiction over the region and the latter not. Nonetheless, non-Arctic states have certain rights, such as freedom of navigation in the Arctic states’ EEZs, as granted by the UN Convention on the Law of the Sea (Xinmin, 2019). Parts of the region that are not under the sovereignty of any state are referred to as the “common heritage of mankind.” Because of its appeal, the region attracts states that are not in the Arctic Circle, with China being one of the most interested. China’s interest in the region can be explained by the country’s need for more resources. First, food security issues are likely to arise in China in the near future, and they must be addressed. Fish resources in the South China Sea have been steadily declining, and China must replace them. Second, China, which relies heavily on imported energy sources, is aware of the growing hostility toward itself and may face a blockage of vital energy resources if the situation worsens. Access to more Arctic sources may assist China in diversifying its risk (Francis, 2020).
Initially, the United States, Canada, and Russia saw China’s interest in the region as a threat to their territorial sovereignty. China joined the Arctic Council as an observer after officially recognizing Arctic states’ territorial sovereignty over the region (Arctic Council, 2021). Observers have limited rights in comparison to member states, which are all littoral states. Observers, for example, do not have the right to vote, and their participation in projects is not always possible (Ghattas, 2013). Nonetheless, the UN Convention on the Law of the Sea (UNCLOS) allows China to participate in fisheries decision-making processes, specifically the catch limit (Francis, 2020). In fact, China participated in the Agreement to Prevent High Seas Fisheries in the Central Arctic Ocean to ban commercial fishing for 16 years in 2018 (Francis, 2020). In addition to the UN Convention on the Law of the Sea, relevant treaties include the UN Charter, International Maritime Organization rules, environmental treaties, and domestic laws of Arctic States (Xinmin, 2019).
In 2018, China published a White Paper outlining its Arctic ambitions. According to the White Paper, China is an active participant in Arctic governance and will remain committed to all relevant treaties and agreements. China has stated unequivocally that it has no intention of challenging any Arctic state and intends to cooperate in the peaceful use of the region (Xinmin, 2019). The White Paper was most memorable for China’s self-description as a “near-Arctic” state, emphasizing China’s geographical proximity to the Arctic Circle. It may imply that China associates itself with a new category that could be used to legitimize its actions in the region. However, former US State Secretary Mike Pompeo criticized this statement, claiming that there were only Arctic and non-Arctic states, implying that the category of “near Arctic” did not exist and did not entitle China to any special rights. Although other Arctic states did not respond positively to the statement, several of them, including Canada and Russia, indicated a willingness to cooperate with China and eventually accept Chinese investments. China is eager to invest in natural resource extraction, scientific research, and infrastructure. China has already invested more than $90 billion, and one of its major projects is the “Polar Silk Road,” an extension of the BRI.
As of now, China has not committed any serious violations of the law in the Arctic. However, experts are divided on whether China will violate international law in the Arctic. One of the arguments is that China is likely to violate the law because it has already violated it in numerous cases, including the South China Sea dispute. Despite the fact that the United Nations has labeled China’s actions in the South China Sea as aggressive, China has largely ignored criticisms. (Francis, 2020). Therefore, supporters of the first argument believe that there will be nothing to stop a country from breaking the law if it prefers to ignore international institutions in some cases. Another argument is that the situation in the Arctic is vastly different from the situation in the South China Sea, and thus it is unreasonable to expect China to engage in similar activities (Buchanan & Strating, 2020). First, there are other great powers in the Arctic region, such as Russia and the United States, which creates a balance of power. Second, the Arctic is governed harmoniously by the Arctic Council through a series of agreements and treaties, whereas the South China Sea has long been a source of contention. Finally, while China is very close to the South China Sea and could potentially expand its territory there, it is not a littoral state in the Arctic and would not be interested in claiming territory in such a remote and logistically difficult region.
For the time being, the second argument appears more convincing because China has been following the law in the region. However, it is difficult to predict how it will act in the face of adversity. Climate change appears to be ongoing, and global warming is likely to allow access to even more resources in the Arctic. Furthermore, climate change is one of the factors that is expected to contribute to food insecurity (WEF, 2022). In that case, competition for the Arctic will inevitably intensify. China has already made investments in the region and declared itself a “near-Arctic state,” implying that it has long-term plans for the region. Therefore, China’s demands and actions need to be taken seriously. Although cooperation in the Arctic is encouraged, tolerance for violations of international law in the region by any state may weaken stability and increase the likelihood of conflict in the long run. To be able to rise smoothly in the Arctic, China must adopt an inclusive strategy and think beyond its own interests, as several major international actors have stakes in the matter (Liu, 2020).
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