Rebecca Lilla Hassanová, Dominika Moravcová

THE PRINCIPLE OF NON-REFOULMENT A CORNERSTONE OF REFUGEE PROTECTION OR A LEGAL FICTION?

Introduction

The principle of non-refoulment a cornerstone of refugee protection or a legal fiction?. Is non-refoulement a cornerstone of refugee protection or legal fiction? Explore this 1951 Refugee Convention principle, its international law status, and implementation challenges.

Abstract

The principle of non-refoulement, enshrined in Article 33(1) of the 1951 Refugee Convention, is widely regarded as a cornerstone of international refugee protection. It prohibits states from expelling and returning individuals to territories where their life or freedom would be threatened due to race, religion, nationality, membership of a particular social group, or political ideology. The mentioned principle has been reinforced through several international human rights treaties and customary international law, emphasizing its universality and binding nature. However, its practical implementation often reveals significant challenges, leading some to question whether non-refoulement remains a robust legal safeguard or has devolved into a legal fiction in contemporary refugee governance.

Review

The proposed paper, "THE PRINCIPLE OF NON-REFOULMENT A CORNERSTONE OF REFUGEE PROTECTION OR A LEGAL FICTION?", tackles a critically important and timely subject in international law and human rights. The abstract effectively introduces the core tension central to the paper's inquiry: whether the foundational principle of non-refoulement, despite its clear articulation in the 1951 Refugee Convention and subsequent reinforcement, truly serves as an effective safeguard or has become merely an aspirational ideal. This immediate framing of the issue as a dichotomy between "cornerstone" and "legal fiction" is highly engaging and signals an intent to critically evaluate the principle's contemporary relevance. The abstract commendably establishes the robust legal scaffolding of non-refoulement, referencing its genesis in Article 33(1) of the 1951 Convention and its subsequent entrenchment in international human rights treaties and customary international law. This grounding provides a solid basis from which to launch a critical analysis, emphasizing its "universality and binding nature" before pivoting to the central problematic. The strength of this introduction lies in its clear recognition of the principle's theoretical solidity, which then serves as a stark contrast to the "significant challenges" observed in its practical application. This sets the stage for a sophisticated discussion that moves beyond a simple restatement of legal norms to an examination of their lived reality. To fully deliver on its ambitious title, the forthcoming paper must meticulously unpack the "significant challenges" to non-refoulement's implementation and provide compelling evidence to support the "legal fiction" hypothesis where applicable. The review anticipates a detailed exploration of specific case studies, state practices, and jurisprudential developments that either affirm or undermine the principle's protective capacity. It should offer not just a diagnosis of the problem but also critically analyze the factors contributing to this perceived erosion, potentially proposing pathways to reinforce or reimagine the principle's efficacy in an increasingly complex global landscape. The paper has the potential to make a significant contribution to scholarly and policy debates surrounding refugee protection.

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