Confrontation of traditional and Islamic international law with international human rights in the international development of asylum law

Document Type : Original Article

Authors

1 Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran. Professor and faculty member of the Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

2 Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran

10.30510/psi.2021.303450.2257

Abstract

Refugee rights are an important issue in international law in the present century. Riots and internal, regional and global crises have forced millions to flee their homeland. Therefore, the rights of refugees, along with other legal issues, have been raised in international law and treaties and treaties have been adopted to resolve the refugee crisis. The formation of refugee rights began in 1951 with the passage of the 1951 Convention on the Status of Refugees after the outbreak of World War II and the influx of large numbers of people from war-torn countries. In this regard, we are witnessing the development of the rights of this human group in the legal system of Islamic countries. Refugee rights have developed and evolved as a result of the confrontation and influence of the rights of Islamic countries and international human rights on traditional international law. Of course, sometimes the conflict of national interests with the principles of international law has prevented the proper implementation of human rights standards in relation to refugees. At the same time, the results of this article indicate that the international human rights system has been able to have a positive and transformative effect on traditional international law regarding the observance and development of refugee rights, and Islamic countries have developed important documents from The Islamic Declaration of Human Rights, for example, seeks to establish, develop, and protect the rights of foreigners, especially refugees, which has undoubtedly had an impact on the international human rights system.

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