Portée et limites du principe de non refoulement de l'article 33 de la Convention relative au statut des réfugiés dans le contexte du traitement extraterritorial des demandes de statut de réfugié
For the past few years, States have been adopting policies aimed at separating the admission of refugees on a territory from the determination of their refugee status. In Europe, this kind of political choice is usually designated by the term externalization. However, we have used the term extraterritorial to qualify this process, as we felt that externalization lacked objectivity. Indeed, externalization contains an implicit criticism of our research object.    In Europe, these extraterritorial policies have not yet attained a legal status.  Indeed, no legal rules are being currently applied which provide for the dissociation between admission and determination. Nevertheless, this idea is part of ongoing reflections and it remains an objective of the European agenda.    This thesis analyzes the legality of the European proposal related to an extraterritorial treatment of the status of refugee, in light of the theoretical principle of non-refoulement which is at the heart of the protection granted to refugees by international refugee law. To this end, it is necessary to analyze the scope and the legal limits of the non-refoulement principle in regards to its interpretation and implementation. Although there exists a lively debate on this issue, extraterritorial treatment of refugee claims does not, at least prima facie, violate the principle of non-refoulement enshrined in s. 33, para. 1 of the Convention relating to refugee status.
Extraterritorial Europe Non principle refoulement Refugee status