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Book Frontex and Non refoulement

Download or read book Frontex and Non refoulement written by Roberta Mungianu and published by . This book was released on 2016 with total page 276 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

Book Frontex and Non Refoulement

    Book Details:
  • Author : Roberta Mungianu
  • Publisher : Cambridge University Press
  • Release : 2016-08-18
  • ISBN : 1316790827
  • Pages : 275 pages

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.

Book Frontex and Human Rights

    Book Details:
  • Author : Melanie Fink
  • Publisher : Oxford University Press, USA
  • Release : 2018
  • ISBN : 0198835450
  • Pages : 417 pages

Download or read book Frontex and Human Rights written by Melanie Fink and published by Oxford University Press, USA. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph analyses the allocation of legal responsibility for human rights violations which may occur in the context of border control or return operations, coordinated by the European Border and Coast Guard Agency Frontex.

Book The Principle of Non Refoulement under the ECHR and the UN Convention against Torture and Other Cruel  Inhuman or Degrading Treatment or Punishment

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 2016-05-23 with total page 414 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.

Book Extraterritorial Immigration Control

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.

Book Monitoring Border Violence in the EU

Download or read book Monitoring Border Violence in the EU written by Elspeth Guild and published by Taylor & Francis. This book was released on 2023-08-11 with total page 119 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines EU external border violence and the role of Frontex, and how it can be made legally and politically accountable for these incidents. The volume sets out what the international standards are for monitoring border violence and how monitors’ independence must be guaranteed and where these standards come from. The book provides realistic options to resolve the crisis by focusing on how effective and independent border monitoring can ensure better human rights compliance at EU external borders. At the centre of the book is the question: how can we achieve effective monitoring of border police, including Frontex, by competent and independent state authorities which have as a mission human rights implementation? The goal of the book is to examine how states can prevent and investigate allegations of such violence and diminish the apparent impunity of those border police who engage in it. This book will be of interest to students of EU policy, law, migration and refugee studies and International Relations.

Book Accessing Asylum in Europe

    Book Details:
  • Author : Violeta Moreno Lax
  • Publisher : Oxford Studies in European Law
  • Release : 2017
  • ISBN : 9780198701002
  • Pages : 0 pages

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.

Book EU External Migration Policies in an Era of Global Mobilities  Intersecting Policy Universes

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.

Book The European Integrated Border Management

Download or read book The European Integrated Border Management written by Giulia Raimondo and published by Bloomsbury Publishing. This book was released on 2024-04-04 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the human rights obligations of Frontex and its member states at the borders of Europe? Who is responsible when the rights of people crossing those borders are breached? Those are the main questions that this open access book addresses while exploring the evolution of the European integrated border management (EIBM). The mode of administration of European borders has become a complex and polymorphous affair involving multiple actors working at different levels, with different competences and powers. In this context, borders are no longer lines on a map but enmeshed in a tapestry of different actors and technologies. This evolution not only puts to test the relationship between territory and public power, but it also requires a different understanding of the responsibility for the exercise of that power by a panoply of actors. This book addresses the challenges related to the implementation of the EIBM and the human rights responsibilities that it can trigger. It entwines two separate but interlaced discourses: the first being a reflection on the concept of EIBM and its human rights impact; the second being the question of the attribution of international responsibility for violations that occurred in the implementation of the EIBM. The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.

Book Protecting the Rights of Refugees Beyond European Borders

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.

Book Humanity at Sea

    Book Details:
  • Author : Itamar Mann
  • Publisher : Cambridge University Press
  • Release : 2016-09-29
  • ISBN : 1107148766
  • Pages : 265 pages

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 book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.

Book The Human Rights of Migrants in European Law

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.

Book Access to Asylum

    Book Details:
  • Author : Thomas Gammeltoft-Hansen
  • Publisher : Cambridge University Press
  • Release : 2011-03-17
  • ISBN : 113950116X
  • Pages : 309 pages

Download or read book Access to Asylum written by Thomas Gammeltoft-Hansen and published by Cambridge University Press. This book was released on 2011-03-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.

Book Border Controls at Sea

    Book Details:
  • Author : Andreas Fischer-Lescano
  • Publisher :
  • Release : 2015
  • ISBN :
  • Pages : pages

Download or read book Border Controls at Sea written by Andreas Fischer-Lescano and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2004, the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union was established. The Agency supports member states in coordinating their border controls. Border controls at sea have, therefore, received increasing attention. Coordinated by FRONTEX, member states carry out border controls not only in their territorial waters, but also on the High Seas and within the territorial waters of third countries. One must assume that at least some of the people on board intercepted vessels are persons in need of international protection. However, some European governments have argued that the principle of non-refoulement does not apply exterritorially. This article will challenge this approach. First, it argues that the principle of non-refoulement, as laid down in the UN Convention Relating to the Status of Refugees, the European Convention on Human Rights and other international treaties relating to refugee and immigration law does apply beyond the territory of the signatory states. Secondly, it argues why non-refoulement, as a principle of refugee and fundamental rights legislation within European primary and secondary law, does apply beyond the territory of the contracting states. Thirdly, regarding the treatment of protection seekers and migrants at sea, it examines the obligations of border guard authorities to act under maritime, human rights and refugee law and when there is a legal failure to act. Finally, the article examines whether EU secondary law, as well as Border Control Practice, are consistent with these obligations.

Book  Boat Refugees  and Migrants at Sea  A Comprehensive Approach

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 2016-11-21 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.