A Comment on the Status of the Non-Refoulement Principle in International Law  Cover Image
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Geri Göndermeme (Non-Refoulement) İlkesinin Uluslararası Hukuktaki Konumu Üzerine Bir Değerlendirme
A Comment on the Status of the Non-Refoulement Principle in International Law

Author(s): Elif Uzun
Subject(s): Politics / Political Sciences
Published by: USAK (Uluslararası Stratejik Araştırmalar Kurumu)
Keywords: : International Customary Law; International Refugee Law; Jus Cogens Norms; The Principle of Non-Refoulement.

Summary/Abstract: The principle of non-refoulement is the cornerstone of the inter-national refugee law. Several international law instruments, including 1951 Refugee Convention, contain the principle. In the literature of international law there are some controversies on the status of the principle in international law. Some writers defend the idea that the principle is a rule of international customary law while others reject this idea. Besides authors claiming the inter-national customary law status of the principle with exclusions, there are claims about the jus cogens nature of the principle. Article defends the international customary law status of the principle, but it concludes that the meaning of the rule should not go beyond the 1951 Refugee Convention.

  • Issue Year: 2012
  • Issue No: 30
  • Page Range: 25-58
  • Page Count: 33
  • Language: Turkish