Download or read book Vertical Judicial Dialogues in Asylum Cases written by Dana Baldinger and published by Hotei Publishing. This book was released on 2015-05-12 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Download or read book Conflict Displacement and Legal Protection written by Charlotte Lülf and published by Routledge. This book was released on 2019-02-05 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Download or read book Ensuring Access to Courts for Asylum Seekers and Refugees written by Emma Dunlop and published by Oxford University Press. This book was released on 2024-02-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Access to Courts for Asylum Seekers and Refugees, Emma Dunlop focuses on the scope and content of article 16 of the 1951 Refugee Convention. Under this article, States are obligated to provide asylum seekers and refugees with access to courts. This obligation entails a requirement to ensure 'effective' access, which may call for accommodations to be made to address individual vulnerabilities -where, for example, a person does not speak the language of the court or lacks easy access to a lawyer. It also guarantees additional rights to those who have attained 'habitual residence' in the host country. Access to courts is a critical gateway right, the denial of which can prevent a person from defending other rights under domestic law. Yet, until now, article 16 has not received extensive scrutiny. In the first dedicated monograph on article 16 of the 1951 Convention, Dunlop positions the article within the broader context of international human rights law, customary international law, and general principles of law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts. Taking an evolutionary approach to treaty interpretation, the book interrogates the scope and content of the article, evaluating the extent of its obligations. Despite developments in international human rights law since the article's adoption, Access to Courts for Asylum Seekers and Refugees argues that it remains a relevant and robust source of protection. Offering rigorous and reasoned analysis of this critical provision, Dunlop advances a principled approach to interpreting article 16.
Download or read book Human Rights of Migrants in the 21st Century written by Elspeth Guild and published by Routledge. This book was released on 2017-08-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.
Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Download or read book Migration on the Move written by Carolus Grütters and published by BRILL. This book was released on 2017-07-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration on the Move examines the dynamics of migration and asylum law over the past two decades and highlights profound changes that have taken place in these fields as a result of growing EU competences to deal with migration and asylum questions. The book maps the transformation of the migration field by focusing on three interrelated issues: the effects of Europeanization and the shifting power relations that it implies; placing Europe’s laws and policies in a global migration context, and critically examining to whom ‘project’ Europe belongs. The contributors offer a multidisciplinary analysis of key aspects of the migration and refugee crisis and their implications for policies, principles of law, and the treatment of people in Europe today.
Download or read book The 1951 Convention Relating to the Status of Refugees and Its 1967 Protocol 2e written by Andreas Zimmermann and published by Oxford University Press. This book was released on 2024-04-04 with total page 2033 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1951 Refugee Convention and its 1967 Protocol are the cornerstones of international refugee law. This Commentary provides a systematic, article-by-article analysis of their provisions in addition to crosscutting thematic chapters. The Commentary is an indispensable tool for lawyers, decision-makers, and academics.
Download or read book Judicial Dialogue and Human Rights written by Amrei Müller and published by Cambridge University Press. This book was released on 2017-05-25 with total page 641 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.
Download or read book The Global Community Yearbook of International Law and Jurisprudence 2019 written by Giuliana Ziccardi Capaldo and published by Oxford University Press. This book was released on 2020-08-20 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2019 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.
Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Download or read book The Law of Refugee Status written by James C. Hathaway and published by Cambridge University Press. This book was released on 2014-07-03 with total page 777 pages. Available in PDF, EPUB and Kindle. Book excerpt: The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Download or read book International Refugee Law written by H?ne Lambert and published by Routledge. This book was released on 2017-07-05 with total page 894 pages. Available in PDF, EPUB and Kindle. Book excerpt: The essays selected and reproduced in this volume explore how international refugee law is dynamic and constantly evolving. From an instrument designed to protect mostly those civilians fleeing the worse excesses of World War II, the 1951 Refugee Convention has developed into a set of principles, customary rules, and values that are now firmly embedded in the human rights framework, and are applicable to a far broader range of refugees. In addition, international refugee law has been affected by international humanitarian law and international criminal law (and vice versa). Thus, there is a reinforcing dynamic in the development of these complementary areas of law. At the same time, in recent decades states have shown a renewed interest in managing migration, thereby raising issues of how to reconcile such interests with refugee protection principles. In addition, the emergence of concepts of participation and responsibility to protect promise to have an impact on international refugee law.
Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Download or read book Protection from Refuge written by Kate Ogg and published by Cambridge University Press. This book was released on 2022-03-24 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first global and comparative study of litigation in which refugees seek protection from a place of ostensible 'refuge'.
Download or read book The Limits of Transnational Law written by Hélène Lambert and published by Cambridge University Press. This book was released on 2010-03-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative analysis of the extent and role of transnational judicial dialogue in European refugee law, first published in 2010.
Download or read book Refugee Protection and the Role of Law written by Susan Kneebone and published by Routledge. This book was released on 2014-06-27 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary ‘refugeehood’: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times. The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents of refoulement. It argues that ‘Protection’, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice. Contributors to the volume, who include Erika Feller, Elspeth Guild, Hélène Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?
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.
