CEU Electronic Theses and Dissertations, 2008
Author | Japaridze, Natia |
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Title | Principle of Non-Refoulement and Its Implementation in National Legal Systems of Georgia and Hungary |
Summary | The paper discusses the principle of non-refoulement as provided for under international law and its implementation at national level on the examples of two selected countries – Georgia and Hungary. The purpose of the research is to identify the standards relating to the principle of non-refoulement under international law and see the level of compatibility of the national legal systems of the selected countries with these identified international standards. When discussing the principle of non-refoulement under international law, it is viewed in the international refugee law context under the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees as well as in the broader context of international human rights law under the instruments such as the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Although viewed in both contexts, the bigger emphasis is placed on the discussion of the principle in the refugee law context considering the increased level of displacement in the world today. Examination of implementation of the principle of non-refoulement in national legal systems of Georgia and Hungary is focused on looking at the guarantees under the constitutions, laws on asylum and legislation relating to aliens of the selected countries, again with bigger focus on implementation of the principle in refugee law context. When reviewing the national legal systems, the selected legislations of the countries and non-refoulement guarantees provided for there are examined against the international standards. Compatibility assessment of the national legal systems of the chosen states with international standards regarding the principle of non-refoulement is carried out this way. As the result of the compatibility assessment, the protection gaps existing in the national legal systems are identified and recommendations made. |
Supervisor | Tóth, Judit |
Department | Legal Studies LLM |
Full text | https://www.etd.ceu.edu/2008/japaridze_natia.pdf |
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