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Följer stater ingågna internationella avtal? - en fallstudie som belyser utvecklingen i Australiens asyllagstiftning 1993-2003
2003 (Swedish)Independent thesis Basic level (degree of Bachelor)Student thesis
Abstract [en]

The purpose of this essay is to examine whether Australia is able to fulfil its primary obligations regarding the Refugee Convention 1951. This is a case study and originate from the conflict between universalism and partikularism, since I also intend to examine in what direction Australias legislation has developed over time: towards partikularism or universialism. After 1999, Australia has recieved a larger amount of applications regarding asylum then previous years. This fact, combined with the fact of an extending fear of terrorism after 2001, might explain the changes in legislation regarding refugees, towards a stricter refugee policy, that took place after September 2001. At the same time, it is a fact that Australia has signed the UN Refugee Convention 1951. In other words, I intend to examine whether Australias legislation has a tendency towards a generous or strict refugee policy at two points of time: at a time when less asylum-applications were recieved then previous years (1993) and at a time when a larger amount of asylum-applications were recieved then previous years (the present legislation). The reason I chose these two points of time is that I intend to examine whether a dramatic difference in the amount of asylum-applications is affecting the legislation towards a more generous or strict refugee policy. Regarding my research questions, ”Australias legislation” should be read as the chosen parts that I have decided to study. The following research questions have been constructed for my purpose: 1. Has there been a development in Australias legislation towards universalism as a dominating paradigm between 1993 and 2003? 2. Has there been a development in Australias legislation towards partikularism as a dominating paradigm between 1993 and 2003? 3. Are the changes that were done regarding Australias legislation between 1993 and 2003 matching article 33 (1) in the UN Convention regarding the Status of Refugees 1951? 4. Are the changes that were done regarding Australias legislation between 1993 and 2003 matching article 33 (2) in the UN Convention regarding the Status of Refugees 1951? The answers to the research questions are that there has been development towards a stricter asylum legislation (particularism) between 1993 and 2003. There has also been a change in Australias ability to fulfil their primary obligations regarding the UN Refugee Convention 1951. In the present legislation, Australia has added some own criterias to article 33 (2). Therefore, my conclusion is that todays legislation does not match article 33 (2) in the UN Refugee Convention 1951.

Place, publisher, year, edition, pages
2003. , 41 p.
Identifiers
URN: urn:nbn:se:kau:diva-59500Local ID: STV C-22OAI: oai:DiVA.org:kau-59500DiVA: diva2:1124219
Subject / course
Political Science
Available from: 2017-07-13 Created: 2017-07-13

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CiteExportLink to record
Permanent link

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Cite
Citation style
  • apa
  • harvard1
  • ieee
  • modern-language-association-8th-edition
  • vancouver
  • Other style
More styles
Language
  • de-DE
  • en-GB
  • en-US
  • fi-FI
  • nn-NO
  • nn-NB
  • sv-SE
  • Other locale
More languages
Output format
  • html
  • text
  • asciidoc
  • rtf