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The Principle of Non-refoulement—Part 1
2021Abstract This chapter evaluates the principle of non-refoulement. In the context of immigration control in continental Europe, refoulement is a term of art covering, in particular, summary reconduction to the frontier of those discovered to have entered illegally and summary refusal of admission of those without valid papers. Refoulement
Guy S Goodwin-Gill +2 more
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Sanctuary Cities and Non-Refoulement
Ethical Theory and Moral Practice, 2020More than two hundred cities in the United States have now declared themselves to be sanctuary cities. This declaration involves a commitment to non-compliance with federal law; the sanctuary city will refuse to use its own juridical power – including, more crucially, its own police powers – to assist the federal government in the deportation of ...
Michael Blake, Blake Hereth
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Non-Refoulement in the 1951 Refugee Convention
2007Guy S Goodwin-Gill, Jane McAdam
exaly +2 more sources
2021
Abstract This chapter highlights the most fundamental of all obligations owed to refugees—that of non-refoulement. The raison d’être of the obligation continues to provoke debate about the validity of the lines drawn between refugees, other beneficiaries of the obligation, and other migrants, and the way the purported provider of ...
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Abstract This chapter highlights the most fundamental of all obligations owed to refugees—that of non-refoulement. The raison d’être of the obligation continues to provoke debate about the validity of the lines drawn between refugees, other beneficiaries of the obligation, and other migrants, and the way the purported provider of ...
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The Jus Cogens Nature of Non-Refoulement
SSRN Electronic Journal, 2001In 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. The article briefly examines the origins of the concept and then considers the views expressed by States, particularly in the UNHCR Executive Committee. The
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The Principle of Non-refoulement—Part 2
2021Abstract This chapter details how, under general principles of international law, State responsibility may arise directly from the acts and omissions of government officials and agents, or indirectly where domestic legal and administrative systems fail to implement the observance of international standards.
Guy S Goodwin-Gill +2 more
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2018
The misleading and overbroad notion is widespread that there is no right of asylum of the individual set out in the Refugee Convention but rather that the right of asylum is instead purely a State discretionary prerogative. That over-simplistic perspective further seems to be premised on an erroneous view of the refugee asylum seeker as ‘the other’ in ...
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The misleading and overbroad notion is widespread that there is no right of asylum of the individual set out in the Refugee Convention but rather that the right of asylum is instead purely a State discretionary prerogative. That over-simplistic perspective further seems to be premised on an erroneous view of the refugee asylum seeker as ‘the other’ in ...
openaire +1 more source