Please use this identifier to cite or link to this item: https://www.um.edu.mt/library/oar/handle/123456789/17567
Full metadata record
DC FieldValueLanguage
dc.date.accessioned2017-03-15T12:54:40Z
dc.date.available2017-03-15T12:54:40Z
dc.date.issued2016
dc.identifier.urihttps://www.um.edu.mt/library/oar//handle/123456789/17567
dc.descriptionLL.B.en_GB
dc.description.abstractThis research project engages in an evaluation of the non-refoulement principle. The study has two important components: the breakdown of non-refoulement’s general application and the assessment of the exception clause. Protection from expulsion or return (refouler) to a persecuting territory is a fundamental safeguard that all asylum seekers and refugees have. However, under Article 33(2) of the 1951 Convention there are exceptional circumstances to refoulement’s legitimisation. The exception clause includes two exceptions to the right of non-refoulement: the national security exception and the danger to the community exception. Various authors on the subject have put forward differing interpretations of the exceptions’ application. Notwithstanding, be it narrowly or broadly scrutinised, most have acknowledged the exceptions to be valid. Issues arise when commentators delve into the interrelationship between nonrefoulement and the jus cogens norm. Indeed, by its very nature, the latter concept permits no derogation, meaning that even in the most extreme circumstances the principle of non-refoulement would subsist. Such stipulations must be handled with caution due to the global community being on high alert owing to the enormous amount of treats of international terrorism. The conflict between individual rights and international and national security interests is also highlighted. The inclusion of the exception clause within the law creates a line between the two rights. Here, both the fundamental rights of the individual and those of the nation at large are being catered for. Application of the exceptions must, however, remain restrictive and utilised only in the most extraordinary of circumstances.en_GB
dc.language.isoenen_GB
dc.rightsinfo:eu-repo/semantics/restrictedAccessen_GB
dc.subjectConvention for the Protection of Human Rights and Fundamental Freedoms (1950 November 5)en_GB
dc.subjectRefoulementen_GB
dc.subjectRefugees -- Legal status, laws, etc.en_GB
dc.subjectNational security -- Law and legislationen_GB
dc.titleAre there exceptions to the principle of non-refoulement?en_GB
dc.typebachelorThesisen_GB
dc.rights.holderThe copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder.en_GB
dc.publisher.institutionUniversity of Maltaen_GB
dc.publisher.departmentFaculty of Laws. Department of International Lawen_GB
dc.description.reviewedN/Aen_GB
dc.contributor.creatorCassar, Rebecca
Appears in Collections:Dissertations - FacLaw - 2016
Dissertations - FacLawInt - 2016

Files in This Item:
File Description SizeFormat 
16LLB042.pdf
  Restricted Access
1.06 MBAdobe PDFView/Open Request a copy


Items in OAR@UM are protected by copyright, with all rights reserved, unless otherwise indicated.