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Article 31 of the 1951 Convention Relating to the Status of Refugees

Costello, C; Ioffe, Y; Büchsel, T; (2017) Article 31 of the 1951 Convention Relating to the Status of Refugees. (UNHCR Legal and Protection Policy Research Series 2017/01). UN High Commissioner for Refugees (UNHCR): Geneva, Switzerland. Green open access

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Abstract

The aim of this paper is to clarify the correct interpretation of Article 31 of the 1951 Convention Relating to the Status of Refugees (the 1951 Refugee Convention). The interpretation proposed is based on the binding international precepts relating to treaty interpretation, as reflected in Articles 31 to 33 of the Vienna Convention on the Law of Treaties (VCLT), as discussed in the next section. This paper draws on the contemporary practice around Article 31 by States parties to the 1951 Refugee Convention and/or its 1967 Protocol, clarifying where those interpretations are correct, and where State practice appears to depart from the obligations in Article 31. The aim of the paper is ultimately to inform UNHCR when developing guidelines on Article 31.

Type: Working / discussion paper
Title: Article 31 of the 1951 Convention Relating to the Status of Refugees
Open access status: An open access version is available from UCL Discovery
Publisher version: https://www.refworld.org/docid/59ad55c24.html
Language: English
Additional information: This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Non-penalization, Refugees, Article 31 of the Refugee Convention, Non-criminalization of migration
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL BEAMS
UCL > Provost and Vice Provost Offices > UCL BEAMS > Faculty of Maths and Physical Sciences
UCL > Provost and Vice Provost Offices > UCL BEAMS > Faculty of Maths and Physical Sciences > Inst for Risk and Disaster Reduction
URI: https://discovery.ucl.ac.uk/id/eprint/10140301
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