On The Extraterritorial Effect Of The Principle Of Non-Refoulement

The principle of non-refoulement means that no Contracting State shall expel or return(“refouler”)a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race,religion,nationality,membership of a particular social group or political opinion.It is the precondition and foundation of refugee protection,as well as the kernel and cornerstone that all the countries provide refugees with protection and help except for the origin country of refugees.After the 1951 "Convention on the Status of Refugees" establishing the principle of non-refoulement,this principle has been the rule of international custom law with the acceptance and observance of all the countries in practice.In the relevant subsequent international and regional treaties which countries signed,almost all the countries agree to be restrained by the principle of non-refoulement expressly or impliedly.However,with the increase of local wars and the outbreak of the refugee crisis,significant changes have taken place in countries' attitude to refugees.Because of strict applicable condition of the exceptions of the principle of non-refoulement,they can only be cited when national security or public safety is threatened.Based on that the principle of non-refoulement only has interterritorial effect,some countries choose to expel or return the refugees when they have not already been into their territories.Aiming at this situation,from the perspective of international law,based on the protection of refugee rights and humanitarian assistance,this article attempts to prove that the principle of non-refoulement has extraterritorial effect,and try to find the balance of national security and refugee protection.Except for the Introduction,this article mainly divides into three parts.First part mainly introduce the basic concepts which are directly related to discourses below.At first,the author takes the intercept plan that America made to Haiti as example,raise the question whether the principle of non-refoulement has extraterritorial effect.Then this article introduces the contents and legal status of the principle of non-refoulement and points out the important position of the principle of non-refoulement in the international refugee protection.In the second part,combining with Vienna Convention on the Law of Treaties and requirements of customary international law,as well as the overview above,the author carries out the demonstration of the extraterritorial effect of the principle of non-refoulement,both theory and practice.At first,according to Vienna Convention on the Law of Treaties,the author makes literal interpretation,teleological interpretation and evolving interpretation.Then according to forming process and requirements of customary international law,the article introduces and analyzes the state practices about the extraterritorial effect of the principle of non-refoulement.According to the demonstration of the second part,the third part introduces the observance of state practices,and try to find the balance between refugee protection and national security.