Isaiah Okorie


Research Themes
Research Centre
Refereed journal articles
'Are current port liability provisions in international maritime law adequate in an era of automation?' (2016) Australian Journal of Maritime & Ocean Affairs, 8:2, 147-160, DOI: 10.1080/18366503.2016.1217379
'Diminishing the criminal enclaves at sea: a case for extending states' criminal admiralty jurisdiction over foreign-flagged vessels on the high seas' (2016) Journal of International Maritime Law 21 (1), 33
Past courses
Maritime Law, Australian Maritime College, University of Tasmanian, Launceston Tasmania
How my works connects with public policy
My thesis examines state practice on non-refoulement. Investigating the principle of non-refoulement from the lens of state actions has broader implications for refugee protection - particularly in promoting evidence based international law making processes and best practices in Australia's complementary protection regime.
Topic
Non-Refoulement as Custom: fait accompli or wishful legal thinking?
Program
Further information
My thesis is an empirical analysis of State practice of signatories to the Refugee Convention on the principle of non-refoulement post 1951. The thesis cautiously adopts the International Law Commission's (ILC) draft conclusions on the identification and content of customary international law as a benchmark. It then reviews the nature of custom and its formation with a focus on the ILC’s approach. States and scholarly criticisms on the ILC’s approach are considered and a theoretical construct proposed regarding ‘minimum requirements’ required to deem a norm customary. The thesis critically examines Article 36(2) of the Convention and legal scholarships deeming non-refoulement custom against the ‘minimum requirements’ of custom formation benchmark and state practice on non-refoulement. In conclusion, contemporary and empirical insights are proffered to the question on whether non-refoulement is a customary norm and its implications for refugee protection.