Mini-bibliography on "constructive refoulement":
This concept is not a new one, but it is relatively undeveloped and has not
been commonly used in the academic literature - it only appears twice in
titles that I have referenced over the years! Recently, however, it seems to
be popping up more regularly, so I thought it would be interesting to see what other publications have analyzed it in greater detail.
According to
Penelope Mathew, "constructive refoulement" refers to "possible breaches of
Article 33 of the Refugee Convention when the state makes life so difficult
for a refugee or asylum-seeker that he or she ‘decides’ to return home... ."
Short pieces:
Does international law prohibit ‘constructive refoulement’? (EJIL
Talk Blog, June 2024) [text]
- Note: See below for a recent IJRL article on this subject by one of the
authors of this post.
To leave or not to leave? Is it time to reconsider the role of State intent
within ‘constructive refoulement’? (EJIL Talk Blog, July 2024)
[text]
'Voluntary' Refoulement and State Liability (The Roundtable, May
2019) [text]
Journal articles & book chapters:
"Constructive refoulement," Chapter in Research Handbook on International Refugee Law (Edward Elgar, 2019) [abstract]
- Note: The author also discusses this concept in her chapter on "Non-refoulement" in the Oxford Handbook of International Refugee Law (OUP,
2021).
"Constructive Refoulement as Disguised Voluntary Return: The
Internalised Externalisation of Migrants," Netherlands International Law Review, vol. 71, no. 1 (May 2024) [open access]
"Deliberate Destitution as Deterrent: Withholding the Right to Work and
Undermining Asylum Protection," San Diego Law Review, vol. 52, no.
2 (2015) [full-text]
"Hard Protection through Soft Courts? Non-Refoulement before the United
Nations Treaty Bodies," German Law Journal, vol. 21, spec. issue
no. 3 (2020) [open access]
"Pushed to Breaking Point? The Prohibition of ‘Constructive’ or
‘Disguised’ Refoulement under International Law," International Journal of Refugee Law, vol. 35, no. 4 (Dec. 2023) [abstract]
- See also related blog post above.
"Refoulement by another
means—‘constructive refoulement’ and character-based decisions
under the Migration Act 1958 (Cth)," Australian Journal of Human Rights, vol. 28, no. 2-3 (2022) [abstract]
"Refugee Detention as Constructive Refoulement," Yale Journal of International Law, vol. 48, no. 1 (2023) [SSRN]
"Refugees in Hong Kong: Developing the Legal Framework for Socio-Economic
Rights Protection," Human Rights Law Review, vol. 14, no. 2 (2014)
[preprint]
"Rejected Syrians: Violations of the Principle of 'Non-Refoulement' in
Turkey, Jordan and Lebanon," Dve Domovini = Two Homelands, no. 49
(2019) [open access]
"Stranglehold Refoulment: Fear of Constructively Forced Returns of
Burmese Refugees as Consequence of Thailand's Combined Human Rights
Violations," Fordham International Law Journal, vol. 40, no. 2
(2017) [full-text]
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