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[12] Huber "believed that comity was a principle of international law" but also that "the decision to apply foreign law itself was left up to the state as an act of free will." [ 10 ] Huber did not believe comity was a stand-alone principle but rather saw it as a basis for building concrete rules and doctrines of law. [ 13 ]
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees.There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
This means that even states that are not party to the 1951 Refugee Convention must respect the principle of non-refoulement. [17] Therefore, states are obligated under the convention and under customary international law to respect the principle of non-refoulement. If this principle is threatened, UNHCR can respond by intervening with relevant ...
A peremptory norm or jus cogens (Latin for "compelling law" or "strong law") is a principle of international law considered so fundamental that it overrides all other sources of international law, including even the Charter of the United Nations. The principle of jus cogens is enshrined in Article 53 of the Vienna Convention on the Law of Treaties:
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law.
The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognised by most national legal systems. Although international law may also be reflected in international comity —the practices adopted by states to maintain good relations and mutual recognition ...
The principle of non-refoulement is a principle of customary international law, binding on states regardless of treaty obligations. [86] It is also grounded in Article 33 of the Refugee Convention, Article 3 of the Convention against Torture, and Articles 6, 7, and 9 of the International Covenant on Civil and Political Rights (ICCPR). [ 86 ]
Non-refoulement (/ r ə ˈ f uː l m ɒ̃ /) is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting ("refoulement") any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion".