Research On The Principle Of Non-refoulment Under International Refugee Law

Following the expansion of refugee crisis in recent years,practice of refugee protection in various countries has received extensive attention.The most basic system in refugee protection practice is the principle of non-refoulment,which provides the possibility for the realization of the basic rights of asylum seekers.However,the persons subject to the 1951 Refugee Convention are limited to "political refugees" and the Convention is not sheltering refugees suffered from wars,natural disasters or other factual problems,simultaneously,the Convention does not explicitly specify about the application of the principle of non-refoulment,which together result in obstacles for the real protection of refugees under the principle.Rely on the relevant researches in international human rights law,international refugees law,the principle of non-refoulment as well as asylum systems at home and abroad,this paper aims at addressing a relatively complete discussion on the application of the principle of non-refoulment.Due to the theoretical incompleteness or omission concerning the concept of refugee and the meaning of the principle of non-refoulment in domestic studies,the viewpoints from this paper may be contrary to the existing teachings.However,based on comprehensive studies on treaty texts,and practice from States and international organizations,this paper is to use widely the legal proof in case law studies to support the viewpoints proposed in the paper and to avoid inconsistencies concerning the viewpoints thereof as much as possible.Discussions in this paper will include the analysis of the applicable objects of the principle of non-refoulment,and difficulties in the prohibited behaviors embodied in the principle.Meanwhile,as to the current European refugee crisis,this paper will study the relatively new forms of prohibited behaviors implied by the principle of non-refoulment,such as non-blocking over the high seas and the principle of "safe third country" concerning refugee transfer issue.In order to achieve a more complete development in the application of the principle of non-refoulment,this paper tries to specify the situations where relative State behaviors may constitute violations to the principle of non-refoulment.In addition,this paper restates the status of the international customary law of the principle of non-refoulment and summarizes the status quo of relevant international laws through a more complete theoretical analysis on the principle and its applicable objects.This paper hopes to come out with reliable research results in its specific field and provide basis for future researches around the principle of non-refoulment in practical areas,such as the researches concerning the application of refugee status,and the material elements for asylum and etc.Finally,this paper examines the practice of refugee protection in China and its existing problems to find a better solution to China's response in refugee issue.Based on several reflections concerning the European refugee crisis,the main body of the paper will be divided into four parts:firstly,the "analysis of applicable objects" of the principle of non-refoulment.This part will analyze the meaning of"refugee" and address discussions on the factual problem in the persons that should be protected under the principle.Secondly,the "analysis of the meaning of the principle of non-refoulment".This part will cover the examination of the specific applications of the principle as well as its exceptions.Also,this part states the status of the international customary law of the principle of non-refoulment.Thirdly,reflections concerning the application of the principle,which also mentions about difficulties in China's practice.Lastly,the conclusion.