Strengthening the principle of non-refoulement

  title={Strengthening the principle of non-refoulement},
  author={Clare Frances Moran},
  journal={The International Journal of Human Rights},
  pages={1032 - 1052}
  • C. Moran
  • Published 26 August 2020
  • Political Science
  • The International Journal of Human Rights
ABSTRACT This work examines the origins of the principle of non-refoulement and how it has evolved during the twentieth and twenty-first centuries. Non-refoulement, or the right not to be repelled or returned, was agreed upon by States as a narrow protection against the return to certain death for all refugees in 1951, as part of the Refugee Convention. Although 1951 marked the inception of non-refoulement as a legal principle, there is evidence to show that it existed in some form previously… 
1 Citations


The principle of non-refoulement has become jus cogens which obliges every country, both ratifying and not ratifying the 1951 Refugee Convention and the 1967 Protocol not to refuse refugees and



The Jus Cogens Nature of Non-Refoulement

In this article, the author notes that the principle of non‐refoulement has acquired the status of jus cogens, that is, a peremptory norm of international law from which no derogation is permitted.

Non-Refoulement Obligations in Public International Law: Towards a New Protection Status?

Where do non-refoulement obligations come from, and what is their status, scope and content under international law? This chapter seeks to answer these questions in two ways. For the most part, it

The European Tradition of Asylum and the Development of Refugee Law

The modem law relating to refugees has evolved from the habit of princes, free cities, and the church to grant asylum to people who have fled their native land for fear of persecution. On the repeal

Armed Conflict in Asylum Law: The “War-Flaw”

This article charts the difficulties refugee law – and more widely the legal regime governing international protection – has encountered from the outset in dealing with asylum-related claims by

Mandatory repatriation of asylum seekers: Is the legal norm of non-refoulement 'dead'?

Although the issue of public versus private law did not arise during the course of the trial, one might be forgiven for wondering on what policy basis university lecturers have been granted virtually automatic access to such wide-ranging public law remedies to resolve their contractual disputes with their employers.

A castle built on sand? Article 3 ECHR and the source of risk in non-refoulement obligations in international law

Where international human rights instruments lack explicit prohibitions on refoulement, non-refoulement obligations are read into other substantive rights. In this context, state responsibility is

Freeing Soering: The ECHR, State Complicity in Torture, and Jurisdiction

Over the last ten years, there have been numerous cases of ECHR-state party complicity in torture by foreign states. Some of these cases have been entirely extraterritorial – that is, the victim is

Are Refugee Rights Human Rights? An Unorthodox Questioning of the Relations between Refugee Law and Human Rights Law

The present chapter questions the multifaceted interactions between international refugee law and human rights law. It argues that, contrary to prevailing professional wisdom, the Geneva Convention

The Refugee Convention, 1951 : the travaux préparatoires analysed, with a commentary

  • J. Fitzpatrick
  • Political Science
    American Journal of International Law
  • 1996
This work provides the first authoritative commentary on articles 2-37 of the 1951 UN Convention on Refugees and is essential reading for practitioners, academics and researchers in the field of

Early Repatriation Policy: Russian Refugee Return 1922–1924

The repatriation of Russian refugees from Bulgaria between 1922 and 1924 under League of Nations’ supervision represents the earliest international attempt to organize a co-ordinated refugee return.