Ex Aequo Et Bono Journal Of Law
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    Exclusion of the principle of non-refoulement in article 33 paragraph 2 of the 1951 refuge convention

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    This study aims to examine whether non-refoulement in the refugee context has attained the status of a jus cogens norm or not and how the exceptions in Article 33(2) should be understood if non-refoulement is indeed considered as a jus cogens. This research adopts a normative juridical analysis approach to critically examine the status of the principle of non-refoulement. The study concludes that the principle of non-refoulement qualifies as a norm of jus cogens based on several key criteria. Firstly, it satisfies the requirements of a jus cogens norm by addressing matters of common concern to the international community, serving humanitarian purposes, and aligning with principles outlined in the UN Charter relating to treaties and the use of force in international relations. Secondly, the exception outlined in Article 33 Paragraph 2 of the Refugee Convention does not alter the non-derogable nature of the principle of non-refoulement. The fulfillment of Article 33 Paragraph 2 is contingent upon strict conditions and necessitates objective evidence to be provided by a country. The research is intended to contribute to the understanding of the normative status of the principle of non-refoulement within the framework of international refugee law

    Liability of launching state on space tourism

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    Current use of space as one of the economic factors supporting the country’s economic has experienced a very significant increase. The Treaty Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies (Outer Space Treaty 1967) stipulate that every activity carried out in space must be in accordance with the United Nations charter and must always maintain peace and security. one of the developing commercial activities is space tourism. This research is a normative legal research with a statutory and conceptual approach. The technique of gathering legal material is carried out by reviewing related literature and analyzing various legal references relevant to the problem under study for further analysis qualitatively and descriptively. This article will examine in depth related to whether the existing space law conventions are still relevant to regulating space tourism activities nowadays? And how the launcher state liability in the event of space tourism accidents?. This article conclude that some  the existing space law conventions are still relevant to regulating space tourism activities nowadays. And the launcher state liability are divided into two aspects. Based on liability convention and warswa convention. This is because space tourism activity use two types of aerospace

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