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Study On The Priciple Of Non-refoulment Under The International Refugee Law

Posted on:2020-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:L Y YangFull Text:PDF
GTID:2416330572472530Subject:Law
Abstract/Summary:PDF Full Text Request
Refugee protection is not a new issue.However,with the continuous expansion of refugee flows,countries are gradually attaching importance to it,and the international community has begun to pay great attention to the practice of the principle of non-retraction.The principle of non-refoulement of refugees is the most fundamental system in the refugee protection system.The 1951 convention on the status of refugees was an important milestone in the international protection system for refugees,and the principle of non-refection of refugees on the basis of international human rights law mechanism began to become a customary rule of international law.However,with the continuous development of the international community,the principle of not pushing back faces many new challenges.Therefore,while continuing to strengthen the protection of the basic rights of refugees,we should also strengthen the legal regulation of the principle of non—refitting,so that the principle of non-refitting can be more perfect and better adapt to the changes of The Times.Based on the background of the European Union' s refugee policy,this paper first introduces the principle of non-refoulement of refugees from the perspective of international law,and then elaborates on the exceptions to the principle of non-refoulement in the 1951 refugee convention through cases.Secondly,this paper briefly describes the practice of the principle of non-refoulement of refugees.In the first part,typical cases are used in the practice of foreign countries,and the legal practice of the principle of non-refoulement of refugees under the human rights protection mechanism is introduced.The second part analyzes the current situation of the application of the principle of non-refection of refugees in China through the narration of indo-Chinese refugees and kokang refugees.Again,this paper points out the challenges faced by the principle of non-refoulment,such as the limitation of the definition of refugees,the impact of terrorism on the principle of non-refoulment,the great pressure on the economy and culture of the host country,and the host country' s adaptation to avoid the application of non-refoulment through various ways.Finally,in view of the challenges mentioned above,the author puts forward Suggestions on the improvement of the principle of non-refoulement of refugees from five aspects,namely,defining refugees clearly,limiting the wide application of exception clauses,improving refugee screening procedures,establishing disciplinary mechanisms and mutual cooperation among countries,in the hope of contributing to the refugee protection system.
Keywords/Search Tags:Non-refoulmen, Exception clause, Terrorism, Humanitarianism
PDF Full Text Request
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