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The non-refoulement principle and the sovereignty of state
Dudek, Vavřinec ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
The non-refoulement principle and the sovereignty of state Abstract This master thesis deals with the relationship between the principle of non-refoulement and the sovereignty of state as fundamental principles of refugee and international law respectively. The thesis is primarily devoted to the interpretation and application of these principles in a European context. The text of the thesis is divided into three chapters. The first chapter describes the concept of non-refoulement. First, it is given here in what legal sources the principle of non-refoulement can be found. Then it is set out what the purpose of this principle is, when and under what conditions it applies, who is bound by it and which people it protects. Attention is also paid to different forms the principle of non-refoulement takes in various subsystems of international law and its nature in terms of international law sources. The second chapter focuses on the sovereignty of state. A brief historical development of this concept is presented in the introduction of the chapter. Subsequently, the current perception of sovereignty is laid out. The chapter focuses in more detail first on the basic definition of sovereignty, then on the differences between the views held by doctrine, states themselves and international courts. In the third, final...
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Application of Non-refoulement Principle in relation to National Security
Stejskal, Zdeněk ; Flídrová, Eliška (advisor) ; Honusková, Věra (referee)
English Abstract Application of Non-refoulement Principle in relation to National Security Both national security and the principle of non-refoulement play a crucial role in the modern and rapidly changing world of today's refugees and migrants. On one hand, it is the international legal obligation of states not to return, or refouler, those who might be in danger of torture or various other types of undesirable treatment in their home countries. On the other, it is the legitimate concern of the each and every state for the safekeeping of its vital interests, all together understood as the state's national security. The analysis and clarification of the complicated and often tense relationship between the two phenomena is the aim of the presented thesis. Both descriptive and analytical methods are used in this thesis. The practice of states in individual cases is analysed thoroughly via the relevant decisions of judicial and quasi-judicial authorities. The scope of this paper is limited solely to Euro-American perspective. Detailed chapters dedicated to defining both of the examined phenomena play a crucial role in this paper. Since the definition of non-refoulement differs throughout various areas of international law, it would be hard to apply it correctly without full understanding of this principle....
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