UMA UMA EXCEÇÃO AO NON-REFOULEMENT?
UMA ANÁLISE DO ARTIGO 33 DA CONVENÇÃO DE 1951 SOBRE O STATUS DOS REFUGIADOS À LUZ DA REGRA GERAL DE INTERPRETAÇÃO DE TRATADOS
Abstract
Article 33 of the 1951 Convention Relating to the Status of Refugees prescribes the duty of non-refoulement, forbidding States to return refugees in their territory to their country of origin. Nonetheless, when faced with mass influxes of refugees, some States claim the right to close their borders or even to return the refugees. This article discusses whether this alleged “non-refoulement exception” is permissible under international law. In order to do so, article 33 was analyzed in light of the General Rule of Interpretation of treaties enshrined in the Vienna Convention on the Law of the Treaties. This methodology provided for the conclusion that there is no “non-refoulement exception” for mass refugee influxes in the 1951 Convention.
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