Beyond the Threshold of Protection: Examining Non-Refoulement's Erosion in Contemporary Refugee Law through the EU-Turkey Agreement

<p>This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration protection and challenges. The 2016 European Union-Turkey agreement will be the primary case study, examining how this arrangement intersects with international refugee law obligations and violations of the principle of non-refoulement. By critically analyzing the gap between legal obligations and state practice, this thesis aims to assess whether the 1951 Convention's framework requires modification to maintain its relevance and effectiveness in protecting refugee rights.</p>

Name thesis:degree_name

Master of International Affairs (M.I.A.)

Level thesis:degree_level

Thesis

Year dc:date.available

2025

Author dc:creator

• Osman, Aya

Contributors dc:contributor

• Nicholas Rush Smith
• Jean Krasno

• 1951 Refugee Convention
• Non-Refoulement
• 2016 European Union-Turkey Agreement
• Refugee Rights
• Law Obligations
• Refugee Crisis
• Human Rights Law
• Immigration Law
• International Humanitarian Law
• International Law
• International Relations

Repository record dc:identifier

https://academicworks.cuny.edu/cc_etds_theses/1203

OAI identifier oai:identifier

oai:academicworks.cuny.edu:cc_etds_theses-2334