Root Causes and International Law: Refugee Flows in the 1990's

Abstract

This article calls for a change of approach with regard to dealing with the refugee flows seen in the 1980s and 1990s and focuses on tackling the root causes of such flows. As such, it represents a move away from considering refugees merely in relation to rights s/he might be accorded in the receiving state. Experience tells us that there are three major causes of refugee flows: gross human rights violations, wars and natural disasters. The paper seeks to examine ways to mitigate / prevent the gross human rights violations, wars and the effects of natural disasters which are the root causes of refugee flows. Some of this involves enforcement of pertinent laws (e.g. Geneva Conventions of 1949), but may require non-legal action, such as trade penalties for violating states and a reduction in the arms trade. Furthermore, other steps include greater use of intervention and early warning mechanisms and imposing responsibility on the source state for causing the flow.