Refugees and the Right to Freedom of Movement: From Flight to Return

This background study focuses on the right to freedom of movement of refugees. It reviews the law pertaining to this freedom from the perspective of the spatial journey of refugees. This focus on the law means that extralegal considerations will not be taken into consideration. The analysis will not proceed from any perceived need for limits that should be accepted as “a product of realism about the strains that migration, especially high-volume migration or sudden influxes, can bring to a society.

'Quota refugees’: the Dutch contribution to global 'burden sharing' by means of resettlement of refugees

The international refugee law regime that was created in the wake of the Second World War does not comprise distributive principles as a result of which geographical proximity functions as the primary distributive mechanism. The distribution of refugees is consequently unevenly shared among states, understandably giving rise to calls for burden sharing. Rather than states, UNHCR is charged with resettlement of refugees and it depends on the discretion of (too few) states to offer resettlement places. One of those states is the Netherlands, which has set an annual quota of 500 refugees (including their relatives) for resettlement. Dutch practice with respect to its ‘quota refugees’ appears to be illustrative of the current use of ‘resettlement’ as neither a form of burden sharing nor necessarily a durable solution for the problem of refugees. It invites to revisit the solution of ‘resettlement’ against the background of legal developments, state and UNHCR practice, using fuzzy logic as an analytical tool

The Implications of the Acquisition of a New Nationality for the Right of Return of Palestinian Refugees

This article examines the legal consequences of the acquisition of a new nationality for the right of return of Palestinian refugees. The article argues that since the right of return is independent of the refugee status, the cessation of the latter should not necessarily abrogate the former. By examining the underpinnings of the right of return to one’s own country, especially the link between the individual and her territory, this article argues that this link is somehow weakened in a situation of naturalization in a different country. However, this weakening of the link should not automatically lead to the deprivation of rights. The circumstances that lead refugees to leave their country of origin, the circumstances preventing their return, and the decisions made by the individuals in view of their available options should be examined