{"title":"Part 2 Asylum, 6 The Principle of Non-refoulement—Part 2","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0006","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0006","url":null,"abstract":"This chapter details how, under general principles of international law, State responsibility may arise directly from the acts and omissions of government officials and agents, or indirectly where domestic legal and administrative systems fail to implement the observance of international standards. The fact that the harm caused by State action may be inflicted outside the territory of the actor, or in an area identified by municipal law as an international zone, in no way diminishes the responsibility of the State. While the principle of non-refoulement does not entail a right for refugees to be granted asylum in a particular State, it does require States to ensure that whatever course of action they adopt, refugees are not sent—either directly or indirectly—to a place where their lives or freedom would be in danger on account of one of the five Convention grounds, or contrary to the principle of non-refoulement under human rights law. In order to give effect to those obligations consistently with the general rule, ‘States will be required to grant individuals seeking international protection access to the territory and to fair and efficient asylum procedures’. The chapter then looks at the relationship between the principle of non-refoulement and flight by sea.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"27 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128549872","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part 2 Asylum, 7 Protection under Human Rights and General International Law","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0007","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0007","url":null,"abstract":"This chapter explores the development of the principle of non-refoulement beyond the Refugee Convention. In broad terms, this can be described as ‘complementary protection’ because the non-refoulement obligation derives from sources that are complementary to the Refugee Convention. However, though not a term of art, ‘complementary protection’ commonly implies the grant of a domestic legal status as well. Under general international law, the principle of non-refoulement is wider than its expression in article 33 of the 1951 Refugee Convention. While States have always recognized, to varying degrees, the protection needs of people falling outside the ‘refugee’ definition in article 1A(2) of the Convention, it is only in the last 25 years or so that they have begun to articulate such protection as an international legal obligation, rather than as a matter left to the discretion and humanitarian goodwill of national governments.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131165354","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Part 1 Refugees, 3 Determination of Refugee Status: Analysis and Application","authors":"S Goodwin-GillGuy, McAdam Jane, Dunlop Emma","doi":"10.1093/law/9780198808565.003.0003","DOIUrl":"https://doi.org/10.1093/law/9780198808565.003.0003","url":null,"abstract":"This chapter discusses the determination of refugee status. The legal consequences that flow from the formal definition of refugee status are necessarily predicated upon determination by some or other authority that the individual or group in question satisfies the relevant legal criteria. In principle, a person becomes a refugee at the moment when he or she satisfies the definition, so that determination of status is declaratory, rather than constitutive. However, while the question of whether an individual is a refugee may be a matter of fact, whether or not he or she is a refugee within the 1951 Convention, and benefits from refugee status, is a matter of law. Problems arise where States decline to determine refugee status, or where States and the Office of the United Nations High Commissioner for Refugees (UNHCR) reach different determinations.","PeriodicalId":204360,"journal":{"name":"The Refugee in International Law","volume":"99 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133636883","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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