Contracting Out of Non-Refoulement Protections
Transnational Law and Contemporary Problems, Vol. 27, 2017
32 Pages Posted: 14 Jan 2017 Last revised: 27 Sep 2019
Date Written: January 12, 2017
Over the past few years, states have been entering into international agreements that increasingly displace their non-refoulement obligations. Non-refoulement is a legal norm that protects vulnerable people from being expelled and returned to a state where they might face serious mistreatment. This rule has been a cornerstone of the law on international migration and forced movement for a considerable period, and has even been viewed as a human right by some. However, recently states have adopted agreements that avoid the non-refoulement obligation through a number of arrangements. This study will proceed by looking at three forms of contracting out of non-refoulement: agreements that establish facts, agreements that establish jurisdiction and agreements creating competing norms.
Keywords: non-refoulement, asylum, refugee, Hague Convention, European Court of Human Rights, European Convention on Human Rights, International Criminal Court, ICC, diplomatic assurances
JEL Classification: K00, K10, K14, K19, K30, K33, K37, K39, K42
Suggested Citation: Suggested Citation