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Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection

Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection Penelope Mathew I. Introduction Good faith is an important principle in international law. It underpins the 1 2 observance of treaties, and their interpretation. Good faith also has a role outside treaty law — for example, equitable principles such as the doctrine of clean hands may be considered general principles of international law. However, as inter- national law generally binds states rather than non-state actors, the principle of good faith usually does not apply to individuals, even when international law recognises individual rights. It would be worrying if ‗inalienable‘ human rights were dependent on the absence of wrong-doing. Individuals may be punished under the criminal law and deprived of certain rights in order to protect others — indeed, international law still tolerates the death penalty. However, human rights do not depend on a person having clean hands. Despite this, the concept of good Freilich Foundation Professor, The Australian National University. This paper is a revised version of a paper delivered to the regional conference of the International Association of Refugee Law Judges (IARLJ) in Sydney, February 2010. I am grateful for the comments of the anonymous reviewers; Rodger http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png The Australian Year Book of International Law Online Brill

Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0084-7658
DOI
10.1163/26660229-029-01-900000006
Publisher site
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Abstract

Limiting Good Faith: ‘Bootstrapping’ asylum seekers and exclusion from refugee protection Penelope Mathew I. Introduction Good faith is an important principle in international law. It underpins the 1 2 observance of treaties, and their interpretation. Good faith also has a role outside treaty law — for example, equitable principles such as the doctrine of clean hands may be considered general principles of international law. However, as inter- national law generally binds states rather than non-state actors, the principle of good faith usually does not apply to individuals, even when international law recognises individual rights. It would be worrying if ‗inalienable‘ human rights were dependent on the absence of wrong-doing. Individuals may be punished under the criminal law and deprived of certain rights in order to protect others — indeed, international law still tolerates the death penalty. However, human rights do not depend on a person having clean hands. Despite this, the concept of good Freilich Foundation Professor, The Australian National University. This paper is a revised version of a paper delivered to the regional conference of the International Association of Refugee Law Judges (IARLJ) in Sydney, February 2010. I am grateful for the comments of the anonymous reviewers; Rodger

Journal

The Australian Year Book of International Law Online – Brill

Published: Jan 1, 2010

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