The Lacuna between the principle of non-refoulement and its interpretation in the courts and the states

Abstract

The main aim of this research is to look into the principle of non refoulement and how it's interpreted by both courts and states so as to find out whether there is a lacuna that exists. The objectives of the study were: to outliner. the threats facing the principle and the possible solutions, the scope of the principle, the principle in relation to the UNHCR, Kenyan Government and other stakeholders that are involved in refugee management. The objectives were also inclusive of identifying the controversial nature of the principle, analyzing the court decisions, state approaches and history of the same principle. The final objective was advocating of better ways to deal with conflicting rights and fill gaps that may be existent. The principle is outlined in the United Nations Convention Relating to The Status of Refugees. This study made was carried out by use of qualitative methodology which was inclusive of desktop research, data analysis and library research and focused on books, journals and precedent on the study. Databases that were used include JSTOR and Hein Online. The study recommends the use of a balanced approach in cases whereby competing interests appear.