The University of Notre Dame Australia Law Review

Article Title

Extraterritorial Application and Customary Norm Assessment of Non-Refoulement: The Legality of Australia's 'Turn-Back' Policy

Authors

James MansfieldFollow

Abstract

This article considers whether the Commonwealth Government’s border protection policy of turning back asylum seeker boats breaches its international obligation not to refoule refugees, as imposed under the Refugee Convention art 33(1). In addressing this issue the article examines whether art 33(1) applies extraterritorially, and whether a similar obligation has become embedded in customary international law. The conclusions reached are applied to specific situations where Australia has returned refugees.

Recommended Citation

Mansfield, James (2015) "Extraterritorial Application and Customary Norm Assessment of Non-Refoulement: The Legality of Australia's 'Turn-Back' Policy," The University of Notre Dame Australia Law Review: Vol. 17 , Article 8.
Available at: https://doi.org/10.32613/undalr/2015.17.1.8