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Protecting People Displaced by the Impacts of Climate Change: The UN Human Rights Committee and the Principle of Non-refoulement

American Journal of International Law, 2020
For the past twenty years, domestic courts and tribunals have been called upon periodically to consider whether the state is precluded from deporting people to places where they face risks arising from the impacts of climate change.1 In the popular ...
J. McAdam
semanticscholar   +1 more source

The Principle of Non-refoulement—Part 2

2021
Abstract 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
openaire   +1 more source

Non refoulement como norma jus cogens no sistema interamericano de direitos humanos

Observatorio de la Economía Latinoamericana
Este artigo tem como objetivo analisar o non-refoulement no contexto dos refugiados, utilizando métodos histórico e dedutivo. O estudo parte da evolução do non-refoulement como princípio do Direito Internacional consuetudinário e seu reconhecimento como ...
Fabrício Bittencourt da Cruz   +3 more
semanticscholar   +1 more source

Cross-Border Disaster Displacement and Non-Refoulement under Article 3 of the ECHR: An Analysis of the European Union and Austria

International Journal of Refugee Law
Academic literature and policy papers have suggested that the principle of non-refoulement can address the protection gap that exists for people displaced across international borders in the context of disasters and climate change.
Margit Ammer, Monika Mayrhofer
semanticscholar   +1 more source

The Principle of Non-Refoulement: A Customary Rule or an Emerging Peremptory Norm in International Law

Legal Studies in Digital Age
The principle of non-refoulement is a fundamental tenet of international law and the cornerstone of refugee protection. Emphasized in numerous international instruments, this principle prohibits the forced return of individuals to territories where they ...
Ahmad Momeni Rad, M. Habibi
semanticscholar   +1 more source

Non-refoulement

2022
Basilien-Gainche, Marie-Laure   +1 more
openaire   +3 more sources

Frontex and Non-Refoulement

2016
Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex&
openaire   +1 more source

Refugee and the Non-Refoulement Obligation

SSRN Electronic Journal, 2019
The increase in the number of persons seeking refugee status can be accorded to a number of reasons. However, the current refugee regime is not equipped to handle the huge flow of people. Though the refugee regime is criticized on a number of grounds the chief among them is the restrictive refugee definition under the refugee convention.
openaire   +1 more source

Non-Refoulement of Refugees in International Law

Al-Zaytoonah University of Jordan Journal for Legal Studies, 2022
Abstract The principle of non-refoulement is considered one of the basic principles in the international refugee law, as it protects the refugees from falling at the hands of the authorities persecuting them. The rights that the refugees enjoy according to the international conventions is considered as obligations over the refugees’ host State.
openaire   +1 more source

In Defence of Non-Refoulement

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 ...
openaire   +1 more source

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