Download or read book Burden Sharing in the Field of Asylum written by Ségolène Barbou des Places and published by . This book was released on 2002 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Crossing written by Rebecca Hamlin and published by . This book was released on 2021-05-11 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first in-depth exploration of the persistence and pervasiveness of a dangerous legal fiction about people who cross borders: the binary distinction between migrant and refugee. Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a conceptual dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction. Everything we know about people who decide to move suggests that border crossing is far more complicated than any binary, or even a continuum, can encompass. The decision to leave home is almost always multi-causal and often involves many stops and hazards along the way--a reality not captured by a system that categorizes a majority of border-crossers as undeserving, and the rare few as vulnerable and needy. Drawing on cases of various "border crises" across Europe, North America, South America, and the Middle East, Hamlin outlines major inconsistencies and faulty assumptions upon which the binary relies, and explains its endurance and appeal by tracing its origins to the birth of the modern state and the rise of colonial empire. The migrant/refugee binary is not just an innocuous shorthand, indeed its power stems from the way in which is it painted as objective, neutral, and apolitical. In truth, the binary is a dangerous legal fiction, politically constructed with the ultimate goal of making harsh border control measures more ethically palatable to the public. This book is a challenge to all those invested in the rights and study of migrants, to interrogate their own assumptions and move towards more equitable advocacy for all border crossers.
Download or read book Refugees the State and the Politics of Asylum in Africa written by J. Milner and published by Springer. This book was released on 2009-11-06 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do African states respond to the mass arrival and prolonged presence of refugees? This book answers this question by drawing on recent case studies and examining the politics behind refugee policy in Africa. The implications of this approach are important not only for the study of asylum in Africa, but also for the future of refugee protection.
Download or read book Burden Sharing in the Field of Asylum written by Ségolène Barbou des Places and published by . This book was released on 2002 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Quotas as an Instrument of Burden Sharing in International Refugee Law The Many Facets of an Instrument Still in the Making written by Peter Hilpold and published by . This book was released on 2017 with total page 23 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting with the year 2015 Europe has come under unprecedented migratory pressure that put into question the very structure of the Common European Asylum System (CEAS). In fact, according to the so-called Dublin regime the country of first entrance is responsible for carrying out the asylum procedure leaving it open how the burden the granting of asylum involves should eventually be shared between the EU Member States (MS). Both the Geneva Convention on the Rights of Refugees of 1951 (GCR) as the CEAS are built upon the implicit assumption that refugee protection should be of a temporary nature but in reality protection has most often become permanent. In order to avoid excessive burdens for frontline states in Europe and for Europe as a whole the call for the introduction of burden-sharing mechanisms is becoming ever louder. In this context, quota systems have been presented as ideal problem solution instruments. The European Union has tried to establish such mechanisms but so far all these attempts proved to be insufficient and they met with considerable resistance by some EU MS. As a consequence, the insufficiencies of the GRC and the CEAS become evident and the international asylum system as a whole becomes imperilled. The growing resistance in Europe against the uncontrolled immigration both by asylum seekers and by economic migrants is strongly opposed by considerable parts of the population. Some countries like Austria consider therefore the unilateral introduction of a quota system for asylum seekers. Such a system would violate international and EU law but on the other hand the respective discussion has triggered a necessary debate about a reform of the international refugee system involving some form of a fairer burden-sharing.
Download or read book The Oxford Handbook of the European Union written by Erik Jones and published by Oxford University Press. This book was released on 2012-08-30 with total page 924 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of the European Union brings together numerous acknowledged specialists in their field to provide a comprehensive and clear assessment of the nature, evolution, workings, and impact of European integration.
Download or read book The New Asylum and Transit Countries in Europe During and in the Aftermath of the 2015 2016 Crisis written by Vladislava Stoyanova and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Asylum and Transit Countries in Europe during and in the Aftermath of the 2015/2016 Crisis provides an essential cartography of the state of asylum during the crisis and explores how law shapes and distorts refugee protection practices in frontline states.
Download or read book Burden sharing Games for Asylum Seekers Between Turkey and the European Union written by Lami Bertan Tokuzlu and published by . This book was released on 2010 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Europe and Refugees Towards an EU Asylum Policy written by Ingrid Boccardi and published by Kluwer Law International B.V.. This book was released on 2002-03-15 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: Includes statistics.
Download or read book Asylum Seeker and Refugee Protection in Sub Saharan Africa written by Cristiano d'Orsi and published by Routledge. This book was released on 2015-08-11 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d’Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
Download or read book The Informalisation of the EU s External Action in the Field of Migration and Asylum written by Eva Kassoti and published by Springer Nature. This book was released on 2022-01-11 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum. Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.
Download or read book New Asylum Countries written by Rosemary Byrne and published by BRILL. This book was released on 2002-01-01 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe.
Download or read book EU Asylum Policies written by Natascha Zaun and published by Springer. This book was released on 2017-02-22 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book fills a significant lacuna in our understanding of the refugee crisis by analyzing the dynamics that lie behind fifteen years of asylum policies in the European Union. It sheds light on why cooperation has led to reinforced refugee protection on paper but has failed to provide it in practice. Offering innovative empirical, theoretical and methodological research on this crucial topic, it argues that the different asylum systems and priorities of the various Member States explain the EU's lack of initiative in responding to this humanitarian emergency. The author demonstrates that the strong regulators of North-Western Europe have used their powerful bargaining positions to shape EU asylum policies decisively, which has allowed them to impose their will on Member States in South-Eastern Europe. These latter countries, having barely made a mark on EU policies, are now facing significant difficulties in implementing them. The EU will only identify potential solutions to the crisis, the author concludes, when it takes these disparities into account and establishes a functioning common refugee policy. This novel work will appeal to students and scholars of politics, immigration and asylum in the EU.
Download or read book Negotiating Asylum written by Gregor Noll and published by Martinus Nijhoff Publishers. This book was released on 2000-08-23 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
Download or read book Refugees and the Law in Challenging Times A Law and Economics Approach written by Denard Veshi and published by Springer Nature. This book was released on with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Transnational Solidarity written by Helle Krunke and published by Cambridge University Press. This book was released on 2020-07-09 with total page 459 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book analyses the concept and conditions of transnational solidarity, its challenges and opportunities, drawing on diverse disciplines as Law, Political Science, Sociology, Philosophy, Psychology and History. In the contemporary world, we see two major opposing trends. The first involves nationalistic and populistic movements. Transnational solidarity has been under pressure for a decade because of, among others, global economic and migration crises, leading to populistic and authoritarian leadership in some European countries, the United States and Brazil. Countries withdraw from international commitments on climate, trade and refugees and the European Union struggles with Brexit. The second trend, partly a reaction to the first, is a strengthened transnational grass-root community – a cosmopolitan movement – which protests primarily against climate change. Based on interdisciplinary reflections on the concept of transnational solidarity, its challenges and opportunities are analysed, drawing on Europe as a focal case study for a broader, global perspective.
Download or read book Temporary Protection in Law and Practice written by Meltem Ineli-Ciger and published by BRILL. This book was released on 2018-01-09 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.
