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The extraterritorial application of the principle of non refoulement in the context of sea borders

Salau, Carola (2014) The extraterritorial application of the principle of non refoulement in the context of sea borders.

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Abstract:People have been undertaking dangerous sea journeys to Europe, America or Australia for decades, in search of either economic stability or in search of international protection from war and persecution. The phenomenon of people dying by trying to cross sea borders or due to shipwrecks is a social and humanitarian problem which has to be combated. Numerous vessels lack navigation aids, under-powered outboard engines and steering. However, this issue is considerably ignored by humanitarian organizations, governments as well as international agencies. Within the corresponding sea zones, state authorities have a different degree of control. This is why it is difficult to determine legal rights for the people in need as well as legal obligations of the states to help them. In this context the principle of non-refoulement is crucial. It prohibits states to send individuals back to their country of origin or any other country where they would be exposed to torture or persecution. The purpose of this thesis is to analyze the extraterritorial application of the principle of non-refoulement in the context of sea borders. It will be argued that the principle of non-refoulement, as laid down in the United Nations Convention Relating to the Status of Refugees and other international treaties dealing with refugee and immigration law, does indeed apply beyond the territory of the signatory states.
Item Type:Essay (Bachelor)
Faculty:BMS: Behavioural, Management and Social Sciences
Subject:86 law
Programme:European Studies BSc (56627)
Link to this item:http://purl.utwente.nl/essays/64658
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