LESIJ NO. XXIII, VOL. 2/2016
THE LEGAL PROTECTION OF REFUGEE: WESTERN BALKANAS
States have been granting protection to individuals and groups fleeing persecution for centuries;
however, the modern refugee regime is largely the product of the second half of the twentieth century.
Like international human rights law, modern refugee law has its origins in the aftermath of World War
II as well as the refugee crises of the interwar years that preceded it.
The refugee in interna tional law occupies a la rge space cha racterized, on the one ha nd, by the
principle of State sovereignty and, on the other hand, b y competing humanitar ian principles der iving
from general internationa l la w and from treaty. The study of refugee pr otections invites a look not only
at States’ obligations with regard to admission and treatment after entry, but also at the potential
responsibility in internationa l law of the State whose conduct or omissions cause an outflow. The
community of nations is r esponsible in a genera l sense for finding solutions and in providing
internationa l protection to refugee. This special mandate was entrusted to UNHCR.
At the start of the 21st century, protecting refugees means maintaining solidarity with the world’s
most threatened, while finding answers to the challenges confronting the international system that was
created to do just tha t.
The aim of this article is to describe the foundations and the framework of international r efugee
law, to define refugees and protection of refugees; as well as to provides a brief analysis of the changing
migration and a sylum dynamics in the region a nd outlines some of the main cha llenges arising in this
Keywords: Legal Pro tections; Refugee; Freedom of Movement; Western Balkan; Managing
is, a term with a content verifiable according
to principle of general international law. In
ordinary usage, it has a broad er, looser
meaning, signifying someone in flight, who
seeks to escape conditions or personal
circumstances found to be intolerable. The
destination is not relevant; the flight i s to
freedom, to safety.
Implicit in the ordinary
Professor, PhD, Faculty of Public Administration and Political Science, SEE-University, Tetovo (e-
The reasons for flight may be many; flight from oppression, from a th reat to life or liberty, from prosecution,
from deprivation, flight from war or civil conflict, from natural disasters, flood, food crisis.
meaningă ofă theă wordă “refugee”ă lies an
assumption that the person concerned is
worthy of bei ng, and ought to be, assisted ,
and, if necessary, protected from the causes
and consequences of flight.
Refugees have existed as lo ng as
history, but an awareness of the
responsibility of the international
community to provide protection and find
solutions for refugees dates only from the
time of the League of Nations and the
election of Fridtjof Nansen as the first High