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On the principle of non-refoulement of refugees
Author: WangYuZuo
Tutor: LiangShuYing
School: China University of Political Science
Course: International law
Keywords: The principle of non-refoulement Status of Refugees Refugee problem Brief introduction Protocol Peace and security Discretion International practice Legal system For 1
CLC: D99
Type: Master's thesis
Year: 2001
Downloads: 404
Quote: 8
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Abstract
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This Introduction, body, and conclusion of three parts. The preamble to clarify the important position and role of the non-refoulement principle in the legal system for the protection of refugees, pointed out that it is the premise and foundation of the country of origin of the refugee non-refugees in relief, and a brief description of the main contents of this paper to explore. The body part consists of three chapters. The first chapter is a review of the history of the refugee problem. This chapter as a watershed in the 1951 Convention on the Status of Refugees, and briefly discusses three issues: the first is a brief introduction before the 1951 Convention refugee problem. The second is a brief introduction of the 1951 and the 1967 Protocol, that they are two of the most important legal document in the current international refugee law. The third is to introduce the problem of refugees after the 1951 Convention, pointed out that the problem of refugees remains a threat to peace and security in the world today. The second chapter is the focus of this article. Combined with the 1951 Convention and the 1967 Protocol relating to the relevant provisions of this chapter focuses on the principle of non-refoulement refugees ink, discusses six issues: the first is intended for non-refoulement principle - the refugees were discussed, think that the non-refoulement principle applies to the 1951 Convention and the 1967 Protocol relating to refugees, but in recent years the principle tendency to expand the scope of application. The second is a brief introduction of the evolution of the principle of non-refoulement. The third is a combination of Rule 32 of the 1951 Convention, the provisions of Article 33, paragraph 1, of the non-refoulement principle, that the principle of including the border is not rejected, not to expel the non-extradition of the three elements. Fourth pointed out that the principle of non-refoulement is not absolute, there are exceptions, the provisions of Article 33, paragraph 2, of the 1951 Convention. The fifth is a brief introduction of non-refoulement principle of international practice. The sixth is the evaluation of non-refoulement principle, the authors believe that the two levels exposition of the theory and practice the principles of general international law has become a customary international law. The third chapter briefly introduced China's position on the problem of refugees and practice. The concluding section pointed out that the 1951 Convention for the first time in the form of a universal international conventions established the principle of non-refoulement, which played an important role in the process of rescue and protection of refugees. However, the outline of the principles remains unclear, the lack of uniform international standards in the implementation of State discretion was still dominant. It needs to advance with the times, to adapt to the new needs of the situation of refugees.
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