Article Title

The Refugee Convention and the Convention Against Torture: Failures of China and the United States

Publication Title

Washington University Global Studies Law Review


This Note will focus specifically on China’s violations of the non-refoulement principle and its failure to carry out proper refugee status determinations (“RSD”). It will also consider the practices of the United States, which has also been criticized as violating the non-refoulement principle. Part I will discuss the background of China’s refugee policy, including China’s treatment of the North Korean refugees in 2002. Part II will discuss the current treaty obligations that China is failing to meet with its forced repatriation of the Kachin refugees and the international response to its actions. Part III will discuss similar failings of the United State of the non-refoulement principle and RSD requirement, in addition to the international response to it. Finally, Part IV will discuss suggested remedies, including the possibility of establishing a third-country asylum system.