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Zaoui v. Attorney-General (No 2)

New Zealand.  30 September 2004 ; 21 June 2005 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Asylum — Refugees — Geneva Convention Relating to the Status of Refugees, 1951 (“Refugee Convention”) — Non-refoulement — Article 33 — Relationship between Article 33(1) and Article 33(2) — Refugee considered risk to national security — Risk of torture — Factors to be considered in decision regarding deportation — Whether Article 33(2) requires a balance between security and threat to the individual

Human rights — Torture and inhuman and degrading treatment and punishment — Refugees — Non-refoulement — Duties under human rights treaties — Relationship with provisions of the Refugee Convention — Whether duty of non-refoulement in torture cases a rule of jus cogens

Treaties — Interpretation — Vienna Convention on the Law of Treaties, 1969 — Rules of customary international law for the interpretation of treaties — Application of Articles 31 and 32 of the Vienna Convention — Successive treaties dealing with same subject matter — Refugee Convention — Convention against Torture, 1984 — Relationship

Relationship of international law and municipal law — Treaties — Effect in municipal law — Refugee Convention — Convention against Torture, 1984 — The law of New Zealand

Type
Case Report
Copyright
© Cambridge University Press 2007

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