Beyond the Threshold of Protection: Examining Non-Refoulement's Erosion in Contemporary Refugee Law through the EU-Turkey Agreement

Author

Aya Osman, CUNY City CollegeFollow

Date of Award

2025

Document Type

Thesis

First Advisor

Nicholas Rush Smith

Second Advisor

Jean Krasno

Keywords

1951 Refugee Convention, Non-Refoulement, 2016 European Union-Turkey Agreement, Refugee Rights, Law Obligations, Refugee Crisis

Abstract

This thesis examines the contemporary relevance and practical implementation of the principle of non-refoulement as established in the 1951 Refugee Convention. While this fundamental principle of international refugee law prohibits the return of individuals to countries where they face persecution, torture, or human rights violations, its widespread violation by state parties raises critical questions about its continued effectiveness and the broader validity of the Convention's framework in today's global context. Through a methodological approach combining legal analysis and case studies of state practices, this paper investigates whether the 1951 framework remains valid and in effect when addressing refugee and immigration protection and challenges. The 2016 European Union-Turkey agreement will be the primary case study, examining how this arrangement intersects with international refugee law obligations and violations of the principle of non-refoulement. By critically analyzing the gap between legal obligations and state practice, this thesis aims to assess whether the 1951 Convention's framework requires modification to maintain its relevance and effectiveness in protecting refugee rights.

Recommended Citation

Osman, Aya, "Beyond the Threshold of Protection: Examining Non-Refoulement's Erosion in Contemporary Refugee Law through the EU-Turkey Agreement" (2025). CUNY Academic Works.
https://academicworks.cuny.edu/cc_etds_theses/1203