a network of constitutionalists from countries throughout the world
Over the coming days, we are featuring each of the 20 workshops in the 10th IACL World Congress 2018 on “VIOLENT CONFLICTS, PEACE-BUILDING AND CONSTITUTIONAL LAW”, being held in Seoul, Republic of Korea on 18-22 June 2018. Full details are on the congress website, in English and French, along with information on how to submit a paper. Papers may be in either French or English. Please circulate to colleagues interested in the subject.
The internationalization process of the constitutional law became an indisputable fact along the last decades. On the other hand, in the globalization era, the law and the reality of the international community play a role in all aspects of the national state power.
In the 21st Century globalized world not only the States but also the individuals and the social groups are inserted in a complex network of multinational relationships.
Nowadays the community of States must be willing to assume the protection of rights and liberties although the National States resist in assuming the full defense of the human rights in a more generous sense and as ample as possible.
The State, as we know, can and must be a way to accomplish liberty not only for its citizens but also for all human beings, with no discrimination or unjustified intolerances.
Today it is possible to realize the close relationship of constitutional problems amongst international, supranational, transnational, international and local orders.
Therefore, in a complex world, there is a multilevel legal system, in which a multidimensional trans-constitutionalism takes place, resulting from the relevance of the knowledge of all juridical-constitutional problems for a diversity of juridical orders.
The main objective of this panel is to examine, discuss and gather the main views and collaborations of the scholars on the matter involving the legal relations between refugees, international law and their protection and regulation by the sovereign National States.
As we all know, the refugee’s legal regime and the concept of asylum, in a great extent, constitute along the history measures of protection to people living in a situation of vulnerability.
Moreover, the traditional prerogative of the States of controlling the entry and permanence of foreigners does not always offer an answer to the constant challenges resulting from massive migrations and the displacement of refugees coming from several parts of the world for a number of reasons.
This picture leads to disputes and claims that would usually be solved in the perspective of the traditional constitutional law and in the human rights and humanitarian regime.
In practical terms, supranational and international organisms have had an important role in providing solutions and in trying to prevent an escalation of conflicts in this matter. Different views and values must be accommodated in this topic. The tensions between the values which separate the national identities must be taken into account.
In what way can we contribute so that all the players involved in this process, States, international organizations, legislators, public authorities, take into account all the sensitive cultural, social and political peculiarities offered by this subject?
Is there a way of mitigating the adverse conditions which lead millions of people to become global migrants? Can we conceive more creative mechanisms to compensate and help the States receive refugees with severe social and economic problems?
Which are the main difficulties in applying the international and supranational norms and those involving all the players who interact in this context and in this issue? Are the governmental authorities and the border police connected to the international humanitarian law and the right of refugees, even when they act beyond their national boundaries?
In what extent the judicialization of these conflicts has contributed to solve them?
The organizers of the present panel invite all those interested in submitting their works related to such topics involving especially: