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The Peremptory Nature of Non-Refoulement Obligation: Juridico-Ethical Argument for Humanity

Lursmanashvili, Lasha LU (2021) JAMM07 20211
Department of Law
Faculty of Law
Abstract
First, the thesis establishes that non-refoulement obligation is jus cogens norms. Before establishing the peremptoriness of the given legal norm, the account of the concept of jus cogens is proposed within which such elevation occurs. The argument suggests that jus cogens non-refoulement obligation complemented with the various conceptual and normative objections undermine the conceptual viability of the phenomena of rightlessness in international law, particularly concerning jus cogens non-refoulement obligation. Second, it argues for and proposes sui generis interpretive legal consequences – as opposed to another kind of legal consequences – arising from the peremptoriness of non-refoulement obligation. The first and second arguments... (More)
First, the thesis establishes that non-refoulement obligation is jus cogens norms. Before establishing the peremptoriness of the given legal norm, the account of the concept of jus cogens is proposed within which such elevation occurs. The argument suggests that jus cogens non-refoulement obligation complemented with the various conceptual and normative objections undermine the conceptual viability of the phenomena of rightlessness in international law, particularly concerning jus cogens non-refoulement obligation. Second, it argues for and proposes sui generis interpretive legal consequences – as opposed to another kind of legal consequences – arising from the peremptoriness of non-refoulement obligation. The first and second arguments propose the explication of how the legal relationship between non-refoulement obligation, State jurisdiction, and human rights obligations is best construed and as an application of the proposed framework briefly considers SS et al. v. Italy pending before the ECtHR. (Less)
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author
Lursmanashvili, Lasha LU
supervisor
organization
course
JAMM07 20211
year
type
H2 - Master's Degree (Two Years)
subject
keywords
jus cogens, non-refoulement obligation, rightlessness, erga omnes, sui generis, interpretive consequences
language
English
id
9049756
date added to LUP
2021-06-14 16:20:24
date last changed
2021-06-14 16:20:24
@misc{9049756,
  abstract     = {{First, the thesis establishes that non-refoulement obligation is jus cogens norms. Before establishing the peremptoriness of the given legal norm, the account of the concept of jus cogens is proposed within which such elevation occurs. The argument suggests that jus cogens non-refoulement obligation complemented with the various conceptual and normative objections undermine the conceptual viability of the phenomena of rightlessness in international law, particularly concerning jus cogens non-refoulement obligation. Second, it argues for and proposes sui generis interpretive legal consequences – as opposed to another kind of legal consequences – arising from the peremptoriness of non-refoulement obligation. The first and second arguments propose the explication of how the legal relationship between non-refoulement obligation, State jurisdiction, and human rights obligations is best construed and as an application of the proposed framework briefly considers SS et al. v. Italy pending before the ECtHR.}},
  author       = {{Lursmanashvili, Lasha}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{The Peremptory Nature of Non-Refoulement Obligation: Juridico-Ethical Argument for Humanity}},
  year         = {{2021}},
}