The Principle Of Non-refoulement In International Refugee Law

The problem of refugees,referring to movements of large groups of displaced people,to incidents in the country of origin or departure,and to large problem whilst on the move,is one of the hot issues of the contemporary international community.To solve this issue,NonRefoulement,a fundamental principle of international refugee law which prohibits countries receiving refugees from returning them back to territories where their lives or freedom would be threatened on account of his race,religion,nationality,membership of a particular social group or political opinion,is established by the 1951 Convention Relating to the Status of Refugees or its 1961 Protocol and mandatory for every nations in the international community.However,the complex nature of 21 st century refugee relationships results in enormous challenges in the application of the principle of Non-Refoulement particularly with the outbreak of the European refugee crisis.The complexity stems from two inducements: the influx of large-scale refugee flows and limitations of the principle of Non-Refoulement due to the narrow scope of its application that excludes refugees caused by sudden or long-term environmental changes and harsh economic conditions and the insufficient interpretations of the concepts involved in the principle especially the exceptions in terms of the applications of the principle.Accordingly,the theoretical resolution needs to be made to reduce controversies regarding the concepts involved in the principle of Non-Refoulement and the scope of its application.The objectives of this thesis are to investigate the problems arising from the application of Non-Refoulement via conceptual analysis,comparative research and case studies based on numerous materials related to the principle of Non-Refoulement and refugees and to develop innovative solutions to resolve refugee issues.The thesis firstly interprets the principle of Non-Refoulement and the concept of refugee under the asylum policy of different states and summarizes the development of the principle and its application.Secondly,the de facto and de jure applications of the principle of Non-Refoulement are addressed and analyzed.Last but not least,recommendations on the improvement of the Convention on the principle of NonRefoulement and the resolutions of new refugee problems are made.