A CONSIDERATION ON LEGALITY OF BORDER BARRIERS: THE PRINCIPLE OF NON-REFOULEMENT AND IT’S EXTRA-TERRITORIAL EFFECT

Abstract

It is a common practice for states to build walls and similar structures on their borders primarily for security but also for a variety of reasons. The fact that the principle of non-refoulement as part of customary international law and regulated by the 1951 Convention Relating to the Status of Refugees is deemed valid not only for those who gain the status of refugee but also for everyone who seeks asylum and that it is interpreted in a way to cover all kinds of deportation acts such as expulsion, return, transfer or rejection on the border for those who have a well-founded fear of being persecuted is a requirement of the developments in both international law and humanitarian law. Various border walls and fences completed by Balkan states with the purpose of preventing mass population movement arising from reasons such as civil wars, failed states, drought and climate change in different parts of the world and relevant activities bring into question of whether the principle of nonrefoulement has an extra territorial effect or not. The border policies of states are the result of their sovereignty; however, current precautions taken within the framework of the protection of borders can result in the state’s violation of the obligations arising from international law.