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International refugee law and the European Union's Refugee Protection Protocol: A study on the ius cogens norm of non-refoulement

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  • Balogh, Cintia

Abstract

International refugee law is binding upon all European Union member states, however European regional instruments, relocation theories and practices may diverge from the 1951 Geneva Convention and 1967 Protocol. This may lead to the violation of the ius cogens norm of the principle of non-refoulement. At the time of massive inflows of refugees from the Middle East - especially Syria - and Africa to the Schengen area, European hosting states are put under major pressure. Being signatories of the main refugee treaties, European states should avoid automatic repatriation of asylum seekers. In order to avoid such violations, it is necessary to incorporate the main Geneva articles into European national legal systems. Accordingly, the current paper is examining the legal background of non-refoulement and refugee protection and the discrepancies between the European Union and United Nations frameworks. The paper answers whether the European system is fully incorporating the ius cogens norm of nonrefoulement into its protocol and practice.

Suggested Citation

  • Balogh, Cintia, 2015. "International refugee law and the European Union's Refugee Protection Protocol: A study on the ius cogens norm of non-refoulement," IPE Working Papers 49/2015, Berlin School of Economics and Law, Institute for International Political Economy (IPE).
    • Handle: RePEc:zbw:ipewps:492015
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    JEL classification:

    • F53 - International Economics - - International Relations, National Security, and International Political Economy - - - International Agreements and Observance; International Organizations
    • K4 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • K37 - Law and Economics - - Other Substantive Areas of Law - - - Immigration Law

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