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Abstract

Legal understandings of asylum vary and remain to a great extent ambiguous. This is because asylum takes different legal forms in different legal dimensions: general international law, international human rights law, EU law, and constitutional law. All the above-mentioned dimensions are strictly linked and combined. Yet the ways in which asylum has been addressed, especially in the doctrine, often overlook this complexity. This article is aimed at assessing the modern legal approaches to the institution of asylum in international, European, and domestic legal orders, with reference to the positions taken by the late Janusz Symonides and in this way commemorating his recent passing away.
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Authors and Affiliations

Michał Kowalski
1
ORCID: ORCID

  1. Associate Professor (dr. hab.), Department of Law and Administration, Jagiellonian University, Cracow
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Abstract

This article examines the phenomenon of internal displacement from the perspective of the existing legal framework and those measures which should guarantee protection for internally displaced populations worldwide. With this aim in mind, the article begins by assessing the role of international law and try to ascertain which legal norms are applicable to protect internally displaced persons. As a second step, it analyzes the question of responsibility for the protection of internally displaced persons, i.e. whether this lies with the state of origin through its national law, or rather with the international community, and examines the relevant provisions of international law. While concluding and identifying the existing gaps in the current legislation, the article demonstrates that internally displaced persons should become the objects of a specific system of law and legal protection. At the same time, the text intends to contribute to the contemporary debate promoting efforts to strengthen the protection of internally displaced persons and to disseminate knowledge about this vulnerable group of people.
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Authors and Affiliations

Magdalena Silska

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