This paper attempts to re-examine the meaning of state sovereignty in connection with non-refoulement principle. The article is focused on case study related to Australia’s Policy over refugee. The writer’s argument is based on the concept of jus cogens recognised in internasional law. In addition, the writer uses the doctrine of two-element theory to qualify the principle of non-refoulement as the norm of customary international law. This paper was based upon normative legal research, and secondary data related to the norms of international law, human rights and international refugees were collected to analyse the legal issue. The approach used in this paper is statutory approach. The results of the study show that the absolute and exclusive nature of the state sovereignty can no longer be maintained if it is related to the principle of non-refoulement.
SOURCE: Setyardi, H. Handayani, G. Latifah, E. “State Sovereignty Versus Non-Refoulement Principle in Providing Refugees with Protection” Atlantis Press, 20 May 2020.
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