Descripción
Sumario:Title: The principle of non-refoulement: does it emerge as a jus cogens norm? -- Abstract: This article analyzes the non-refoulement principle as a cornerstone for the protection against the return of people to those places where their fundamental rights could be violated. To do this, the author verifies its incorporation into the different international legal systems and attempts to determine its scope and effects. This last aspect is especially relevant to assess its effectiveness. The author also reviews the elements available in the international order that allows us to analyze the relationship between peremptory norms of general international law and the non-refoulement principle. This analysis will help us in the task of determining whether at present that principle can be considered a jus cogens norm and, therefore, does not allow exceptions in its application.