Table of Contents

Research Handbook on International Law and Migration

Research Handbook on International Law and Migration

Research Handbooks in International Law series

Edited by Vincent Chetail and Céline Bauloz

Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strategies for better understanding the potential of international legal norms in regulating migration. Authoritative analyses by the most renowned and knowledgeable experts in the field focus on important migration issues and challenge the current normative framework with new ways of thinking about the topic.

Chapter 17: The principle of non-refoulement in international refugee law

Rebecca M.M. Wallace

Subjects: development studies, migration, law - academic, human rights, public international law, politics and public policy, human rights, social policy and sociology, migration, urban and regional studies, migration


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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