INTERNATIONAL REFUGEE LAW AND REFUGEE LAW IN AUSTRALIA, CANADA, AND THE UNITED STATES
This paper will compare the international law relating to refugees with that of Australia, Canada, and the United States. The first part of the paper will examine international refugee law, concentrating mainly on the body of law which has developed under the auspices of the United Nations and the two main international agreements, the 1951 Convention and the 1967 Protocol. The second part of the paper will discuss the current state of Australian law in this area. The third part of the paper will examine Canadian law with regard to refugees, noting the changes which have occurred since 1987. The fourth part of the paper will look at refugee law in the United States, particularly focusing upon the refusal of the U.S. to adhere to the tenets of the international agreements.
International Refugee Law and the Concept of Asylum
The 1951 Convention on refugees has three main functions. First, it provides a general definition of the term "refugee," in contrast to the early definitions which were related to specific events. Second, it contains the basic charter of rights afforded to persons who have been granted refugee status; in this function it has been referred to as the "Magna Carta for Refugees." Third, it contains provisions concerning the implementation of the Convention.
The Convention specifically provides that all persons granted refugee status under one of the earlier Conventions are still to be considered as refugees. It also provides a general definition. A refugee is a person who:
owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable to avail himself of the protection of that country; or who, not having a nationality and bring outside the country of his former ...