The Legal consequences of the Application of Two Australian Policies as Members of the 1951 Refugee Convention Reviewed from the VCLT 1969

Abstract

The research aims to find out whether the policy made by Australia is in accordance with the principles in the 1951 convention concerning The Refugees and to analyse how the VCLT 1969 assessed participating countries ignoring the implementation of agreements that had been ratified by the reason of national grounds. This research is a normative legal research with statutory approach, and conceptual approach. The technique of collecting legal materials is conducted by literature study, analysing various relevant legal references to the examined issues to be further analysed qualitatively and descriptively. It conducted by applying in depth and holistic review of the various references, and evaluated the legal materials as regulatory description of Australian policy which is considered contrary to international law. The results of research indicated that, Pacific solution and Operation sovereign borders has violated the principle of Non Refoulment and the principle of treatment as favourable and possible, not less favourable than accorded to aliens generally at the 1951 convention on refugees and Based on the principles contained in Vienna Convention on the Law of Treaties (VCLT) 1969 such as the principle of rebus sic stantibus in article 27 and ius cogens in article 53, participating countries that ignore the implementation of ratified agreements cannot use national interest as a fundamental reason for ignoring international agreements.