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Comparative International Law$
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Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg

Print publication date: 2018

Print ISBN-13: 9780190697570

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190697570.001.0001

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When Law Migrates

When Law Migrates

Refugees in Comparative International Law

Chapter:
(p.397) 19 When Law Migrates
Source:
Comparative International Law
Author(s):

Jill I. Goldenziel

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190697570.003.0019

As record numbers of migrants have fled by sea in recent years, states have restricted their borders to protect national security. The challenge of balancing domestic security concerns with international human rights commitments has fallen to courts. Drawing on cases from the United States, Australia, and the ECtHR, this chapter will compare how the 1951 Refugee Convention has been interpreted across countries and over time. Its object is to compare when and how courts creatively avoid non-refoulement, the prohibition against returning refugees to a place where their lives are endangered, and when courts uphold a stricter interpretation of the principle. More broadly, this analysis sheds light on the question of what extraterritorial obligations human rights law demands. This chapter employs the techniques of comparative law to illuminate our understanding of what international refugee law, although ostensibly uniform, means when applied in various jurisdictions.

Keywords:   international law, Refugee Convention, non-refoulement, United States, Australia, ECtHR, human rights

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