Research Handbooks in International Law series
Edited by Vincent Chetail and Céline Bauloz
Chapter 17: The principle of non-refoulement in international refugee law
The following Chapter examines the concept of non-refoulement as expressed in Article 33(1) of the 1951 Convention on the Status of Refugees. Non-refoulement lies at the heart of claims to the right to protection and thus has implications for state sovereignty. Accordingly who falls within the ambit of non-refoulement and the geographical scope of the principle's application is addressed. The Chapter examines ways in which States have responded to the obligation not to refoule as illustrated through the actions of, for example, Australia and the United States. As well as examining the operation of non-refoulement within the refugee context, the migration of the principle from the 1951 Refugee Convention to other international human rights instruments and the consequential protection afforded is briefly considered.
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