Non-refoulement as custom and jus cogens? Putting the prohibition to the test
Costello C, Foster M (2016)
Publication Type: Book chapter / Article in edited volumes
Publication year: 2016
Publisher: T.M.C. Asser Press
Series: Netherlands Yearbook of International Law
Book Volume: 46
Pages Range: 273-327
DOI: 10.1007/978-94-6265-114-2_10
Abstract
The norm of non-refoulement is at the heart of the international protection of refugees yet there remains a lack of consensus as to its status. In this contribution, we examine the question whether it has attained the status of a jus cogens norm. Adopting the methodology of 'custom plus' we first examine whether non-refoulement has attained the status of custom, concluding that widespread state practice and opinio juris underpin the view that it is clearly a norm of customary international law. Moreover, much of this evidence also leads to the conclusion that it is ripe for recognition as a norm of jus cogens, due to its universal, non-derogatory character. In other words, it is a norm accepted and recognised by the international community of states as a whole as a norm from which no derogation is permitted. The chapter then examines the consequences for its recognition as jus cogens, exploring some of the many ways in which jus cogens status may have meaningful implications for the norm of non-refoulement.
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Australia (AU)How to cite
APA:
Costello, C., & Foster, M. (2016). Non-refoulement as custom and jus cogens? Putting the prohibition to the test. In (pp. 273-327). T.M.C. Asser Press.
MLA:
Costello, Cathryn, and Michelle Foster. "Non-refoulement as custom and jus cogens? Putting the prohibition to the test." T.M.C. Asser Press, 2016. 273-327.
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