Download or read book Frontex and Non Refoulement written by Roberta Mungianu and published by Cambridge University Press. This book was released on 2016-08-18 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.
Download or read book Frontex and Non Refoulement written by Roberta Mungianu and published by Cambridge University Press. This book was released on 2016-08-18 with total page 275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.
Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford Studies in European Law. This book was released on 2019-02-19 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the allocation of responsibility for human rights violations that occur in the context of border control or return operations coordinated by Frontex. The analysis is conducted in three parts. The first part examines the detailed roles and powers of Frontex and the states involved during joint operations, focussing on the decision-making processes and chains of command. The second and third parts develop general rules that govern the allocation of responsibility under public international law, ECHR law, and EU non-contractual liability law in order to apply them to Frontex operations. To illustrate the practical implications of the findings, the study uses four hypothetical scenarios that are based on situations that have in the past given rise to human rights concerns. The book concludes that whilst responsibility for most human rights violations lies with the host state of an operation, it often shares this responsibility with participating states who contribute large assets as well as Frontex. However, the book also exposes how difficult it is for individuals to find a place for bringing complaints against violations of their human rights suffered at the EU's external borders. This casts doubts on whether the current legal framework offers them an effective remedy.
Download or read book Extraterritorial Immigration Control written by Bernhard Ryan and published by BRILL. This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Download or read book EU External Migration Policies in an Era of Global Mobilities Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.
Download or read book Protecting the Rights of Refugees Beyond European Borders written by Lisa Heschl and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.
Download or read book Accessing Asylum in Europe written by Violeta Moreno Lax and published by Oxford Studies in European Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.
Download or read book Humanity at Sea written by Itamar Mann and published by Cambridge University Press. This book was released on 2016-09-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.
Download or read book The European Union Returns Directive and its Compatibility with International Human Rights Law written by Izabella Majcher and published by BRILL. This book was released on 2019-11-26 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Download or read book The Human Rights of Migrants in European Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2016 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Download or read book The Future of the Law of the Sea written by Gemma Andreone and published by Springer. This book was released on 2017-03-30 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is open access under a CC BY-NC 4.0 license. It explores the diverse phenomena which are challenging the international law of the sea today, using the unique perspective of a simultaneous analysis of the national, individual and common interests at stake. This perspective, which all the contributors bear in mind when treating their own topic, also constitutes a useful element in the effort to bring today’s legal complexity and fragmentation to a homogenous vision of the sustainable use of the marine environment and of its resources, and also of the international and national response to maritime crimes.The volume analyzes the relevant legal frameworks and recent developments, focusing on the competing interests which have influenced State jurisdiction and other regulatory processes. An analysis of the competing interests and their developments allows us to identify actors and relevant legal and institutional contexts, retracing how and when these elements have changed over time.
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.
Download or read book EU Justice and Home Affairs Law Volume 1 EU Immigration and Asylum Law written by Steve Peers and published by Oxford University Press. This book was released on 2023-10-26 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Asylum and Immigration Law sets out the institutional framework and offers comprehensive coverage and analysis of EU legislation and case law as they relate to immigration, asylum, visas, and border controls. Fully updated to include a significant volume of new case law and legislation between 2015 and 2023, this volume includes detailed commentary on the law relating to qualification as a refugee, forms of protection, the treatment of refugees and asylum seekers (including the Dublin rules allocating asylum seekers between Member States), the Schengen rules on borders, EU security databases, Frontex, as well as all aspects of legal migration, expulsion and readmission, and immigration detention. The new edition addresses the human rights issues arising in these areas and the ongoing developments of the law, including discussion of proposed new legislation and the use of new or expanded EU border control databases. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.
Download or read book Boat Refugees and Migrants at Sea A Comprehensive Approach written by Violeta Moreno-Lax and published by BRILL. This book was released on 2016-11-17 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to address ‘boat migration’ with a holistic approach. The different chapters consider the multiple facets of the phenomenon and the complex challenges they pose, bringing together knowledge from several disciplines and regions of the world within a single collection. Together, they provide an integrated picture of transnational movements of people by sea with a view to making a decisive contribution to our understanding of current trends and future perspectives and their treatment from legal-doctrinal, legal-theoretical, and non-legal angles. The final goal is to unpack the tension that exists between security concerns and individual rights in this context and identify tools and strategies to adequately manage its various components, garnering an inter-regional / multi-disciplinary dialogue, including input from international law, law of the sea, maritime security, migration and refugee studies, and human rights, to address the position of ‘migrants at sea’ thoroughly.
Download or read book Cultural Rights of Third Country Nationals in EU Law written by Anna Magdalena Kosińska and published by Springer Nature. This book was released on 2019-12-09 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.
Download or read book Migration in the Mediterranean written by Francesca Ippolito and published by Cambridge University Press. This book was released on 2016-01-11 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediterranean states have developed various cooperation mechanisms to cope with issues relating to migration. This book critically analyses how institutional actors act and interact on the international scene in the control and management of migration in the Mediterranean.
Download or read book The Principle of Non Refoulement under the ECHR and the UN Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment written by Eman Hamdan and published by BRILL. This book was released on 2016-06-02 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture. It provides a comprehensive and comparative analysis of the non-refoulement case-law of both the European Court of Human Rights and the UN Committee against Torture.
