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Volume 55 Issue 4

Featured Note

The Extra-Territorial Scope of Non-Refoulement, Vol. 55

Ned Hirst

31 Jan 2024

The core principle at the heart of international law’s scheme for the protection of refugees is the principle of non-refoulement – that is, the obligation on the part of States not to return those with a well-founded fear of persecution to a territory where their life or freedom is threatened by reason of a protected characteristic. A broad reading of the principle that extends States’ obligations extra-territorially is consistent with the aims of the international refugee regime.

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B.A., LL.B. (Hons) (UNSW), LL.M. (Cornell).  I am indebted to the comments of Madeleine Gleeson and Claire Higgins on an earlier draft of this Note.  Any remaining errors or oversights are, of course, my own.