The European Tradition of Asylum and the Development of Refugee Law

Abstract

The modem law relating to refugees has evolved from the habit of princes, free cities, and the church to grant asylum to people who have fled their native land for fear of persecution.

On the repeal of the Edict of Nantes, laws were enacted in Prussia and the United Kingdom authorizing the establishment and naturalization of French Huguenots. Subsequently America was opened for religious persecutees from Europe.

The establishment of republican government led to formalization of the acquisition and loss of the quality of citizen, and this, in turn, constituted refugees as a separate category: persons without any effective nationality. A French law relating to foreign refugees was promulgated as early as 1832.

In the second half of the nineteenth century international lawyers tended to restrict extradition and expulsion. True refugee law emerged in the wake of the First World War with the creation of a High Commissioner's Office for Refugees and the conclusion of international arrangements and conventions for the benefit of refugees. By the pro hibition of forcible return to the country of origin the 'right of suppliants' got a footing in international law.

In the period following the Second World War, constitutional or statutory provisions guaranteeing asylum have been adopted in a number of countries. It has been realized that refugees should not suffer because of their formal possession of the nationality of a country with which they have broken all ties, and the catalog of rights and benefits due to refugees has been greatly extended. The Refugee Convention of 1951 is partic ularly noteworthy in this respect.

The law of refugees is in constant development. To a great extent this development reflects the changing legal environment. The right of asylum and the status of refugees are presently under consideration in the United Nations, the Council of Europe, the Organization of African Unity, and other august assemblies.