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.
Download or read book Non Refoulement under the European Convention on Human Rights and the UN Convention against Torture written by Fanny De Weck and published by BRILL. This book was released on 2016-10-07 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive analysis and comparison of the practice and case law of the European Court of Human Rights and the UN Committee against Torture in the assessment of individual complaints concerning 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: 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 The United Nations Convention Against Torture and Its Optional Protocol written by Manfred Nowak and published by Oxford University Press. This book was released on 2019 with total page 1361 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Published with the support of Austrian Science Fund (FWF): PUB 644-G."
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 Readmission of Asylum Seekers under International Law written by Mariagiulia Giuffré and published by Bloomsbury Publishing. This book was released on 2020-02-20 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
Download or read book Research Handbook on Torture written by Malcolm D. Evans and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Research Handbook is of great importance in an era where torture, whilst universally condemned, remains endemic. It explores the nature of the international prohibition of torture and the various means and mechanisms which have been put in place by the international community in an attempt to make that prohibition a reality.
Download or read book The Universal Declaration of Human Rights written by Humberto Cantu Rivera and published by BRILL. This book was released on 2023-12-18 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
Download or read book The Duty of the Shipmaster to Render Assistance at Sea under International Law written by Felicity G. Attard and published by BRILL. This book was released on 2020-08-25 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.
Download or read book The International Legal Status and Protection of Environmentally Displaced Persons A European Perspective written by Hélène Ragheboom and published by BRILL. This book was released on 2017-06-26 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, and explores possible future approaches to addressing the issue.
Download or read book The Practice of Shared Responsibility in International Law written by André Nollkaemper and published by Cambridge University Press. This book was released on 2017-02-02 with total page 1229 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2021-11-18 with total page 1568 pages. Available in PDF, EPUB and Kindle. Book excerpt: “..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Download or read book International Law written by Jan Wouters and published by Bloomsbury Publishing. This book was released on 2018-12-13 with total page 560 pages. Available in PDF, EPUB and Kindle. Book excerpt: This textbook offers for the first time a comprehensive analysis of the classic doctrines and main areas of international law from a European perspective, meeting the needs of the many European law schools teaching public international law in English. Special attention is devoted to the practice of the European Union, the Council of Europe and European States – both civil law and common law countries – with regard to international law. In particular the book analyses the interplay between international law, EU law and national law in the case law of the Court of Justice of the EU, the European Court of Human Rights and national jurisdictions in Europe. It provides the reader with insights into how the international legal practice of the EU and its Member States impacts the development of international law, both in terms of doctrines such as treaty-making and customary law, the exercise of (extraterritorial) jurisdiction, state responsibility and the settlement of disputes, as well as particular sub-fields of international law, such as human rights law and international economic law. In addition the book covers other important areas such as the use of force and collective security, the law of armed conflict, and global and regional international organisations. It provides European perspectives on all these issues and will be of great value to students, scholars and practitioners.
Download or read book Negotiating Asylum written by Gregor Noll and published by BRILL. This book was released on 2021-03-22 with total page 667 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 Torture in international law a guide to jurisprudence written by Association pour la prévention de la torture (Genève) and published by . This book was released on 2008 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Routledge Handbook of International Human Rights Law written by Scott Sheeran and published by Routledge. This book was released on 2014-08-07 with total page 809 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35
Download or read book The United Nations Convention Against Torture written by H. Danelius and published by BRILL. This book was released on 2021-09-27 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt:
