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International refugee law and the European Union's Refugee Protection Protocol: A study on the ius cogens norm of non-refoulement

Cintia Balogh

No 49/2015, IPE Working Papers from Berlin School of Economics and Law, Institute for International Political Economy (IPE)

Abstract: International refugee law is binding upon all European Union member states, however European regional instruments, relocation theories and practices may diverge from the 1951 Geneva Convention and 1967 Protocol. This may lead to the violation of the ius cogens norm of the principle of non-refoulement. At the time of massive inflows of refugees from the Middle East - especially Syria - and Africa to the Schengen area, European hosting states are put under major pressure. Being signatories of the main refugee treaties, European states should avoid automatic repatriation of asylum seekers. In order to avoid such violations, it is necessary to incorporate the main Geneva articles into European national legal systems. Accordingly, the current paper is examining the legal background of non-refoulement and refugee protection and the discrepancies between the European Union and United Nations frameworks. The paper answers whether the European system is fully incorporating the ius cogens norm of nonrefoulement into its protocol and practice.

Keywords: asylum; international refugee law; principle of non-refoulement; United Nations High Commissioner for Refugees; intervention; amicus curiae briefs; safe country lists; safe third countries; chain relocation (search for similar items in EconPapers)
JEL-codes: F53 K12 K33 K37 K4 (search for similar items in EconPapers)
Date: 2015
New Economics Papers: this item is included in nep-law
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