ЗВ’ЯЗОК МІГРАЦІЙНИХ ПОТОКІВ ТА БЕЗПЕКИ ДЕРЖАВИ: МІЖНАРОДНО-ПРАВОВЕ РЕГУЛЮВАННЯ

Abstract

The article is devoted to the consideration of the foundations and dynamics of international legal regulation of migration flows through the value legal analysis of the connection between threats to state security from transnational refugee flows. The Author begins with an analysis of the relationship between migration and security, which he proposes to understand as a complex of threats to state sovereignty from migration flows, such as blurring of national identity provided a pronounced ethnic nature of such identity, competition between states to attract human resources through transnational migration flows, and increasing the level of both danger and violence in the presence of migration flows in relation to the conflict (potential or existing). Through an analysis of international agreements – the Convention relating to the Status of Refugees of 1951, and the Convention on Specific Aspects of Refugees in Africa in 1969, the Author concludes that both documents use the same legal technique based on understanding and simultaneously hyperbolizing the link between migration and security of states. International law on refugee status is a balance of the humanitarian idea of protecting human rights in the individual case of legitimate fears of persecution, and security of each state, with a clear advantage of security issues in the legal technique of providing the list of exceptions. This approach had changed at the turn of the twentieth and twenty-first centuries due to the emergence and development of the concept of human security, which leads to a comprehensive understanding of international legal regulation of migration flows: refugee protection provided by the Refugee Convention should be seen in the context of general international obligations of states for the protection of human rights. At present, a respect for human rights as a basis for state security forms the agenda of international institutions, especially those within the UN system. Among regional international agreements, Protocol No 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms is a clear example, based on the priority of human rights in the state’s actions to control migration flows, and it reflects a shift in human rights discourse. The Author predicts that further discourse on the relationship between migration and security, in particular – the control of refugee flows, will take place in the context of human security in the direction of reducing the hyperbolization of threats to migratory flows of security, but the development will depend primarily on existing flows of refugees.