Abstract

Over the past few years, states have been entering into international agreements that increasingly displace their non-refoulement obligations. Non-refoulement is a legal norm that protects vulnerable people from people expelled and returned to a state where they might face serious mistreatement. This rule has been a cornerstone of the law on international migration and forced movement for a considerable period, even being viewed as a human right by some. However, recently states have adopted agreements that avoid the non-refoulement obligation through a number of arrangements. This study will proceed by looking at three forms of contracting out of non-refoulement: agreements that establish facts, agreements that establish jurisdiction or agreements creating competing norms.

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