International Journal of Human Rights
Volume 22, Issue 10, 2018, Pages 1269-1284

International order, the rule of law, and us departures from refugee protection (Article)

Coen A.*
  • a Department of Political Science, University of Wisconsin-Sheboygan, Sheboygan, WI WI 53081, United States

Abstract

Compliance with international human rights norms and respect for the rule of law are mutually sustaining pillars of a liberal international order. State behaviours undermining customary and jus cogens legal norms are exceptionally disruptive to possibilities of global justice. This article posits that non-refoulement and a responsibility to protect refugees are connected to universally binding and peremptory norms in important ways such that state violations of these principles undermine the premises of international legal order. The article focuses on US norm violations in these areas, contextualising policy changes under the Trump administration within previous US departures from refugee protection principles. Given the position of the United States as a hegemonic and democratic actor in the international system, the article argues that US actions contra non-refoulement and efforts to shirk refugee responsibility-sharing in the wake of jus cogens crimes are particularly damaging to the foundations of global human rights governance and attendant notions of legitimacy and the rule of law. © 2018 Informa UK Limited, trading as Taylor & Francis Group.

Author Keywords

Nonrefoulement Rule of Law Responsibility to protect Peremptory norms Refugees United States

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-85060609044&doi=10.1080%2f13642987.2018.1454910&partnerID=40&md5=60b64489b65cc7e2e916a94500f250c7

DOI: 10.1080/13642987.2018.1454910
ISSN: 13642987
Cited by: 1
Original Language: English