Non Expulsion And Non Refoulement
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| Author | : Roberta Mungianu |
| Publisher | : Cambridge University Press |
| Total Pages | : 275 |
| Release | : 2016-08-18 |
| Genre | : Law |
| ISBN | : 1316790827 |
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.
| Author | : Fanny De Weck |
| Publisher | : BRILL |
| Total Pages | : 548 |
| Release | : 2016-09-27 |
| Genre | : Law |
| ISBN | : 9004311491 |
This volume offers a comprehensive analysis and comparison of the case law and practice of the European Court of Human Rights and the United Nations Committee against Torture in individual cases concerning the principle of non-refoulement. It covers both procedural and material aspects relevant in expulsion and extradition cases submitted by individuals under Article 3 of the European Convention on Human Rights (ECHR) or Article 3 of the United Nations Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The book is a particularly helpful tool for asylum lawyers, human rights advocates, and other practitioners. It is also a reference work of significant value to scholars interested in non-refoulement under both conventions and in the context of human rights or refugee law in general.
| Author | : Cathryn Costello |
| Publisher | : Oxford University Press |
| Total Pages | : 1337 |
| Release | : 2021 |
| Genre | : Law |
| ISBN | : 0198848633 |
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.
| Author | : Andreas Zimmermann |
| Publisher | : Oxford University Press |
| Total Pages | : 2033 |
| Release | : 2024-04-04 |
| Genre | : |
| ISBN | : 0192855115 |
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.
| Author | : Eman Hamdan |
| Publisher | : BRILL |
| Total Pages | : 414 |
| Release | : 2016-05-23 |
| Genre | : Law |
| ISBN | : 9004319395 |
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.
| Author | : André Nollkaemper |
| Publisher | : Cambridge University Press |
| Total Pages | : 1229 |
| Release | : 2017-02-02 |
| Genre | : Law |
| ISBN | : 1107107091 |
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.
| Author | : Elena Fiddian-Qasmiyeh |
| Publisher | : UCL Press |
| Total Pages | : 562 |
| Release | : 2020-07-17 |
| Genre | : Social Science |
| ISBN | : 1787353176 |
Refuge in a Moving World draws together more than thirty contributions from multiple disciplines and fields of research and practice to discuss different ways of engaging with, and responding to, migration and displacement. The volume combines critical reflections on the complexities of conceptualizing processes and experiences of (forced) migration, with detailed analyses of these experiences in contemporary and historical settings from around the world. Through interdisciplinary approaches and methodologies – including participatory research, poetic and spatial interventions, ethnography, theatre, discourse analysis and visual methods – the volume documents the complexities of refugees’ and migrants’ journeys. This includes a particular focus on how people inhabit and negotiate everyday life in cities, towns, camps and informal settlements across the Middle East and North Africa, Southern and Eastern Africa, and Europe.
| Author | : Yao Li |
| Publisher | : BRILL |
| Total Pages | : 395 |
| Release | : 2017-09-11 |
| Genre | : Law |
| ISBN | : 900434974X |
In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.
| Author | : Gunnel Stenberg |
| Publisher | : |
| Total Pages | : 320 |
| Release | : 1989 |
| Genre | : Law |
| ISBN | : |
General criticism. 11. Recent development.
| Author | : Hne Lambert |
| Publisher | : Routledge |
| Total Pages | : 554 |
| Release | : 2017-07-05 |
| Genre | : History |
| ISBN | : 1351562215 |
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.
