本文首先对“吹哨人”和“外交庇护”的概念进行了界定，并通过对外交庇护相关国家实践和法律确信的考察，得出其不构成习惯国际法规则的结论。 随后，本文探讨了常被用作外交庇护法律依据的难民不推回原则在吹哨人外交庇护中的适用。通过分析相关的条约规定及案例，本文认为该原则有三个适用条件：庇护国对被庇护者存在有效控制；被庇护者面临严重的人身或自由危险；被庇护者面临风险是由于其所持的政治见解或其他有损于公正司法的因 素。因此，该原则适用的门槛较高。最后，本文讨论了国际法对外交庇护行为的限制。

The present thesis first defined “whistleblower” and “diplomatic asylum”. It discussed relevant state practice and opinio juris concerning diplomatic asylum and concluded that it did not yet became customary international law. Then, the present thesis examined the legal source and requirements of the frequently-cited nonrefoulement principle under refugee law. It concluded that the application of nonrefoulement requires the following elements: first, the asylee is under authority and control of the conducting state; second, the asylee is faced with the risk to life or liberty; third, the asylee suffers from such risk due to political opinion or other reasons that derogate judicial justice. Finally, the thesis discussed the general prohibition of diplomatic asylum under the law of diplomatic and consular relations. It concluded that diplomatic asylum constitutes intervention in internal affairs and is not compatible with diplomatic and consular function. Therefore, such asylum shall not be granted unless with specific legal basis as justification.