In this paper, I explore the principle of non-refoulement as a cornerstone of international refugee protection, emphasizing its evolution from a statutory safeguard to a customary and potentially jus cogens norm. It critically examines the legal, humanitarian, and philosophical dimensions of non-refoulement, arguing for its universal applicability beyond treaty obligations. The paper highlights the tension between state sovereignty and global justice, especially in contexts where national security is invoked to override refugee rights. Drawing on international instruments, jurisprudence, and historical perspectives, the paper underscores the need for a cosmopolitan approach to human rights that transcends territorial boundaries. It particularly focuses on India’s legal stance, noting the judiciary’s progressive interpretations amid the absence of a dedicated refugee legislation. The paper concludes by advocating for a more humane, rights-based framework that prioritizes the dignity and safety of displaced individuals over procedural technicalities and political considerations.

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Non-refoulement and Global Justice: Principles and Practice in the Modern World

  • Manoj Kumar Sinha

摘要

In this paper, I explore the principle of non-refoulement as a cornerstone of international refugee protection, emphasizing its evolution from a statutory safeguard to a customary and potentially jus cogens norm. It critically examines the legal, humanitarian, and philosophical dimensions of non-refoulement, arguing for its universal applicability beyond treaty obligations. The paper highlights the tension between state sovereignty and global justice, especially in contexts where national security is invoked to override refugee rights. Drawing on international instruments, jurisprudence, and historical perspectives, the paper underscores the need for a cosmopolitan approach to human rights that transcends territorial boundaries. It particularly focuses on India’s legal stance, noting the judiciary’s progressive interpretations amid the absence of a dedicated refugee legislation. The paper concludes by advocating for a more humane, rights-based framework that prioritizes the dignity and safety of displaced individuals over procedural technicalities and political considerations.