China's Participation in Refugee Protection and Relief from the Perspective of International Law
DOI:
https://doi.org/10.54691/bcpbm.v20i.1053Keywords:
Refugee and Forced Migration; International Law; International Relations; International Development; Human Rights.Abstract
As the international society is paying more and more attention to refugee protection, there are still several controversies. The first one is whether granting asylum to refugees should be defined as an obligation of a state. The second one is whether the expansionary interpretation of the border of the non-refoulement principle should be applied. The third one is whether all states need legislation focusing on refugee protection. In this context, China has always adhered to a governance model that addresses both the symptoms and the root causes, and has gradually increased its participation in international refugee affairs, taking into account its national conditions. However, China still lacks an integrated system for refugee protection to further fully fulfill the relief obligation of great powers in the international community. Based on adhering to a multidimensional and co-governance model of governance and active extraterritorial material assistance, China should in the future expand its interpretation of the boundaries in the principle of non-refoulement of refugees from a humanitarian perspective and use this as a policy guide for legislation on the resettlement of refugees within its territory. China should use its action to call for a wider interpretation of the obligation to assist from a humanitarian perspective so that the international community can improve the overall level of refugee assistance.
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References
The Charter of United Nations, 1945.
International Covenant on Civil and Political Rights, 1966.
Li Mingqi, Liao Lian, Zhang Xinguang, The non-refoulment principle in International Law [J], Legal Studies, 2013, (4): 54 - 58H
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984.
Declaration on the Protection of all Persons from Enforced Disappearance, 1992.
Convention relating to the Status of Refugees, 1954.
Declaration on Territorial Asylum, 1967.
Roman Boed. The state of the right of asylum in international law [J], Duke Journal of Comparative & International Law, (1):1 - 32.
Mariagiulia Giuffré. Watered-Down rights on the high seas: Hirsi Jamaa and others v Italy [J]. International and Comparative Law Quarterly, 2012, (61): 728 - 750.
Ren Jun, Feng Lulu. Research on China-Arab civilization exchanges and trans-regional economic and trade cooperation mechanism under the background of the belt and road initiative [M], Ningxia People's Publishing House, 2016: 42.
UNRWA. China contributes $300,000 to UNRWA in support of the human development of Palestine refugees. November 26, 2016. Retrieved on April 1, 2022. Retrieved from: https: //www.unrwa.org/newsroom/press-releases/china-contributes-us-300000-unrwa-support-human-development-programmes.
Wu Peihua. China's red cross diplomacy, 1949-2009[M], Hefei University of Technology Press, 2012: 191.
S. 15 of the Entry and Exit of Aliens Act 1985 (lapsed).
Michael Barnett, Martha Finney Moore. The rules for the world: international organizations in global politics [M], translated by Bo Yan, Shanghai people's publishing house, 2009: 121.
Editorial Department of People's Daily. General secretary Xi Jinping met with Greek prime minister Alexis Tsipras. September 30, 2015. Retrieved on April 1, 2022. Retrieved from: http://politics.people.com.cn/n/2015/0930/c1024-27649418.html.
Editorial Department of World Knowledge Yearbook. World knowledge yearbook 2003-2004 [M], World Knowledge Press, 2003: 1081.
The State Council, The People's Republic of China. China to provide $100m in additional aid for problems of refugee movement. September 20, 2016. Retrieved on April 28, 2022. Retrieved from: http://english.gov.cn/premier/news/2016/09/20/content_281475446142440.htm.
Chinese international migration research network. Why does China receive international refugees? How are they doing?, June 26, 2017. Retrieved on April 28, 2022. Retrieved from: http://www.ims.sdu.edu.cn/info/1014/8699.htm.
Phoenix News editorial client. Can China receive refugees?, September 6, 2015. Retrieved on April 28, 2022. Retrieved from: https://news.ifeng.com/a/20150906/44592259_0.shtml.
Xing Xinyu, Yu Zhen. Practice and prospect of China's Participation in Refugee governance in the Middle East [J], Arab World Studies, 2020, 18 (02): 1673 - 5161.
Website of the Embassy of the People's Republic of China in the Hashemite Kingdom of Jordan. Ambassador Pan Weifang attended the Signing Ceremony of the Certificate of Transfer of Food Aid Projects related to the Syria crisis between China and the World Food Programme in Jordan, on March 15, 2018. Retrieved on April 28, 2022. Retrieved from: http://jo.chineseembassy.org/chn/gdxw/t1542645.htm.
Reliefueeb. The People's Republic of China Supports UNHCR's Efforts for Syrian Refugees in Iraq [EN/AR/KU], April 3, 2018. Retrieved on April 28, 2022. Retrieved from: https: //reliefweb.int/report/iraq/people-republic-china-upportsunhcr-efforts-yrianrefugees-raqenarku.
UNHCR China official website. Protection and Assistance, January 6, 2021. Retrieved on April 28, 2022. Retrieved from: https://www.unhcr.org/cn/Our work/protection and assistance.
Reliefiveb. China Donates 1,000 Tons of Wheat in Humanitarian Aid to Syrian Refugees in Lebanon, December 21, 2018. Retrieved on April 28, 2022. Retrieved from: https: //reliefweb.Int/report/Lebanon/China-donates-1000tons-wheat-humanitarian-aid-Syrian refugees-Lebanon.
Xinhua News Agency. Chinese aid project for refugees in Iran was completed, February 14, 2018. Retrieved on April 28, 2022. Retrieved from: http://www.xinhuanet.com/2018-02/14/e_1122416182.htm.
Website of Ministry of Commerce of the People's Republic of China. The Chinese Government provides Assistance to Refugee Children in Lebanon, March 1, 2018. Retrieved on April 28, 2022. Retrieved from: http://yws.mofpom.gov.cn/article/public/201804/20180402728023.shtml.
Website of the Central People's Government of the People's Republic of China. Chinese peacekeepers in Lebanon visited local schools for sympathy and exchange activities, March 16, 2019. Retrieved on April 28, 2022. Retrieved from: http://www.gov.cn/xinwen/2019-03/16/content 5374318. htm.
UNHCR China official website. Protection and Assistance, January 6, 2021. Retrieved on April 28, 2022. Retrieved from: https://www.unhcr.org/cn/Our work/protection and assistance.
Xing Xinyu, Yu Zhen. Practice and Prospect of China's Participation in Refugee governance in the Middle East [J]. Arab World Studies, 2020, 18 (02): 1673 - 5161.
Permanent Mission of the People's Republic of China to the United Nations Office at Geneva and other international organizations in Switzerland. Ambassador Li Song elaborated on China's position and proposition at the First Senior Officials Meeting on Refugees. December 16, 2021. Retrieved on April 18, 2022. Retrieved from: http://www.china-un.ch/chn/zgylhg/202112/t20211216_10470553.htm.
Central Government Portal. China and the United Nations Sign the Establishment of China-United Nations Peace and Development Agreement. May 7, 2016. Retrieved on April 11, 2022. Retrieved from: http://www.gov.cn/xinwen/2016-05/07/content_5071076.htm.
China Development Portal. UNHCR: China helps other developing countries through the South-South cooperation aid fund. January25, 2021. RetrievedonApril11, 2022. Retrieved from: http: //f.china.com.cn/2021-01/25/content_77152011.htm.
Wang Can, Yang Xiaomei. Research on Chinese Refugee Legislation [J]. New West, 2020, 8: 78 - 79.
Song Yi. A Brief Analysis of the Demographic Dividend of Germany [J]. Journal of Western, 2022, 4: 59.
International Committee of the Red Cross. International Refugee Law and the European Common Asylum System Guarantee the Fundamental Rights of Refugees. June 2, 2016. Retrieved on April 17, 2022. Retrieved from: https://www.icrc.org/zh/document/observation-and-opinion-refugee-rights-tian-li.
China International Contractors Association. American Council on Foreign Relations: Detailed Explanation of the U.S. Refugee System and Related Situations.Febuary10, 2017. Retrieved on April 17, 2022. Retrieved from: https: //www.chinca.org/cica/info/56666.
Zeng Fanjing, Ma Yanheng. Refugee governance system from the perspective of the Global Refugee Compact [J]. Journal of Hubei University of Police, 2021, 4: 81.
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