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Sale and Others v. Haitian Centres Council Inc and Others

United States.  21 June 1993 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Aliens — Refugees — Asylum — Duty of non-refoulement — Geneva Convention Relating to the Status of Refugees, 1951, Article 33, and Protocol, 1967 — Whether benefit of non-refoulement provisions extending to refugees situated outside the territory of a contracting State — Haitian refugees intercepted on the high seas by United States authorities — Whether forcible repatriation of refugees to Haiti violating duty of non-refoulement — Immigration and Nationality Act 1952 — Refugee Act 1980

Jurisdiction — Territorial — Extraterritorial effect of legislation — United States Congress — Whether Congress possessing the ability to enforce its laws outside the United States — Presumption against extraterritorial effect — Whether presumption to be strictly applied — Whether evidence of clear Congressional intention needed to rebut presumption — Whether presumption to be applied in matters relating to foreign relations — Legislation concerning the non-refoulement of aliens — Whether applicable to aliens on the high seas

Relationship of international law and municipal law — Treaties — Application by municipal courts — As aid to interpretation of municipal statutes — Geneva Convention Relating to the Status of Refugees, 1951, Article 33, and Protocol 1967, prohibiting refoulement of refugees — Whether aid to interpretation of United States Immigration and Nationality Act 1952 and Refugee Act 1980

Relationship of international law and municipal law — Conduct of foreign relations — Power of United States President to conduct foreign relations — President establishing naval blockade on the high seas prohibiting the entry of all Haitian aliens into the United States — Whether blockade contravening United States refugee legislation and violating the Geneva Convention Relating to the Status of Refugees, 1951, and Protocol, 1967

Treaties — Interpretation — Rules of interpretation — Ordinary meaning of words — Context — Travaux préparatoires — Vienna Convention on the Law of Treaties, 1969, Article 32 — Foreign language text — Interpretation — Use of dictionaries — Whether permissible

Sea — High seas — Jurisdiction — Power of United States authorities to intercept Haitian vessels on the high seas — 1981 Agreement between Haiti and the United States Regarding the Interdiction of Vessels Suspected of Carrying Illegal Immigrants — The law of the United States

Type
Case Report
Copyright
© Cambridge University Press 1994

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