![handle is hein.journals/pstscrpt85 and id is 1 raw text is:
RUNNING AFOUL OF THE NON-
REFOULEMENT PRINCIPLE: THE
[MIS] INTERPRETATION AND
[MIS]APPLICATION OF THE
PARTICULARLY SERIOUS CRIME
EXCEPTION
DAVID DELGADO
TABLE OF CONTENTS
I. INTRODUCTION .........................................2
II. ORIGIN AND HISTORY OF THE NON-REFOULEMENT
PRINCIPLE AND THE PARTICULARLY SERIOUS CRIME
EXCEPTION IN ARTICLE 33 OF THE CONVENTION AND
INTERNATIONAL LAW................................7
A. BACKGROUND: HISTORY AND CONTEXT OF THE NON-
REFOULEMENT PRINCIPLE AND ITS EXCEPTION IN THE
CONVENTION ......................................7
B. UNDERSTANDING THE NON-REFOULEMENT PRINCIPLE AND
ITS EXCEPTION: THE DELEGATE'S INTENT AND
SUBSEQUENT INTERPRETATION IN INTERNATIONAL LAW ..........9
III. THE EVOLUTION OF THE PARTICULARLY SERIOUS
CRIME EXCEPTION IN THE UNITED STATES . ...........16
IV. DELGADO V. HOLDER: A CASE STUDY OF THE
PARTICULARLY SERIOUS CRIME EXCEPTION.................23
* Class of 2013, University of Southern California Gould School of Law; B.A. Philosophy and
Political Science 2009, University of Southern California. Many thanks to Professor Niels Frenzen and
Elizabeth Henneke for their insight and help throughout the development of this Note and to the
members of the Southern California Law Review for their excellent editing. I want to specifically thank
my parents and family for their unwavering love and support.
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