Contracting Out of Non-Refoulement Protections

Transnational Law and Contemporary Problems, Vol. 27, 2017

32 Pages Posted: 14 Jan 2017 Last revised: 27 Sep 2019

See all articles by William Thomas Worster

William Thomas Worster

The Hague University of Applied Sciences - International Law; University of Amsterdam, Faculty of Law, Amsterdam Center for International Law

Date Written: January 12, 2017

Abstract

Over the past few years, states have been entering into international agreements that increasingly displace their non-refoulement obligations. Non-refoulement is a legal norm that protects vulnerable people from being expelled and returned to a state where they might face serious mistreatment. This rule has been a cornerstone of the law on international migration and forced movement for a considerable period, and has even been viewed as a human right by some. However, recently states have adopted agreements that avoid the non-refoulement obligation through a number of arrangements. This study will proceed by looking at three forms of contracting out of non-refoulement: agreements that establish facts, agreements that establish jurisdiction and agreements creating competing norms.

Keywords: non-refoulement, asylum, refugee, Hague Convention, European Court of Human Rights, European Convention on Human Rights, International Criminal Court, ICC, diplomatic assurances

JEL Classification: K00, K10, K14, K19, K30, K33, K37, K39, K42

Suggested Citation

Worster, William Thomas, Contracting Out of Non-Refoulement Protections (January 12, 2017). Transnational Law and Contemporary Problems, Vol. 27, 2017. Available at SSRN: https://ssrn.com/abstract=2898232 or http://dx.doi.org/10.2139/ssrn.2898232

William Thomas Worster (Contact Author)

The Hague University of Applied Sciences - International Law ( email )

Stamkartplein 40
Hague
Netherlands

HOME PAGE: http://www.hhs.nl

University of Amsterdam, Faculty of Law, Amsterdam Center for International Law ( email )

P.O. Box 1030
Amsterdam, 1000BA
Netherlands

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