What is the future of non-refoulement in international refugee law?

Author(s):  
James C. Simeon
Author(s):  
Costello Cathryn ◽  
Foster Michelle ◽  
McAdam Jane

This introductory chapter provides an overview of international refugee law. Since the adoption of the Refugee Convention, international refugee law has emerged as a dynamic and ever-challenging area of international law, particularly as its relationship to other branches of international law continues to be explored and understood. The chapter reflects on the emergence of international refugee law as a scholarly sub-discipline in the twentieth century, and its role within the wider area of refugee studies. It focuses on the important interface between scholarship and praxis in the sub-discipline’s development, as well as the field’s methodological strengths and weaknesses. Finally, it presents some observations about the future of international refugee law, identifying potential challenges and opportunities.


Author(s):  
Violeta Moreno-Lax

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.


2020 ◽  
Vol 114 ◽  
pp. 102-113
Author(s):  
Obiora Chinedu Okafor

As Professor Jastram has noted, in and of itself, international refugee law is not explicit enough on the issue at hand. It is not clear enough in protecting persons who come in aid of, or show solidarity to, refugees or asylum-seekers. That does not mean, however, that no protections exist for them at all in other, if you like, sub-bodies of international law. This presentation focuses on the nature and character of those already existing international legal protections, as well as on any protection gaps that remain and recommendations on how they can be closed. It should be noted though that although the bulk of the presentation focuses on the relevant international legal protection arguments, this presentation begins with a short examination of the nature of the acts of criminalization and suppression at issue.


Sign in / Sign up

Export Citation Format

Share Document