Author : James C. Hathaway
Publisher : Cambridge University Press
Page : 777 pages
File Size : 35,49 MB
Release : 2014-07-03
Category : Law
ISBN : 1107012511
The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.
Author : Rosemary Byrne
Publisher : BRILL
Page : 485 pages
File Size : 24,67 MB
Release : 2002-01-01
Category : Law
ISBN : 904740307X
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 volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe.
Author : Julian Lehmann
Publisher : BRILL
Page : 304 pages
File Size : 37,26 MB
Release : 2020-09-25
Category : Law
ISBN : 9004430393
Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to ‘protection’ received in the home country or another location. But what does ‘protection’ mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a “surrogate” for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.
Author : Rawan Diab
Publisher : Transnational Press London
Page : 227 pages
File Size : 10,68 MB
Release : 2023-12-05
Category : Law
ISBN : 1801352356
Step into the heart of one of the most pressing issues of our time with Rawan Diab's book, "The Right to Asylum in International Law and Legal Philosophy - The Syrian Conflict and Refugee Crisis." Diab navigates the intricate web of migration, shedding light on the historical, political, and philosophical dimensions that have shaped our world with particular reference to the Syrian Conflict and refugee crisis. In a century marked by unprecedented global migration, Diab delves into the myriad challenges faced by individuals seeking refuge from extreme poverty, internal conflicts, and environmental disasters. Focusing on the Syrian conflict and the refugee crisis, this book provides a profound examination of the factors driving migration, the evolving landscape of international law, and the philosophical underpinnings of open borders. Diab's work confronts the stark realities faced by asylum seekers, particularly those from regions like Syria, Libya, Iraq, Somalia, and Azerbaijan. The author scrutinizes the complexities of migration policies, the reluctance of "modern States" to open their borders, and the poignant struggles of those who seek safety and security. With a meticulous analytical approach, the book addresses pivotal questions surrounding the right to leave, the right to stay, and the future of global migration policies. From the legal foundations outlined in the Universal Declaration of Human Rights to the intricate workings of the principle of non-refoulement, Diab weaves a comprehensive narrative that engages scholars, policymakers, and concerned citizens alike. "The Right to Asylum in International Law and Legal Philosophy" is not just a book; it's a journey into the heart of human rights, justice, and the very fabric of our interconnected world. Rawan Diab invites you to explore, learn, and be part of the discourse shaping the future of migration. Order your copy today and become a participant in this vital conversation. CONTENTS: Introduction First Chapter: Terminology Second Chapter: Is There a Right to Leave? Third Chapter: Is There a Right to Stay? Conclusion
Author : Steve Peers
Publisher : Hotei Publishing
Page : 681 pages
File Size : 41,62 MB
Release : 2015-04-14
Category : Law
ISBN : 9004222391
Since 1999, the EU has adopted legislation harmonizing many areas of immigration law, in particular rules on borders, visas, legal migration, and irregular migration. The much-enlarged and fully updated second edition of this book contains the text of and detailed commentary upon every significant measure in this field proposed or adopted up until 1 September 2011. It includes commentary on the EU visa code, the Schengen Borders Code, the Frontex Regulation, the Returns Directive, the Directives on family reunion, long-term residents and single permits for migrant workers, and many more besides. This is the essential guide for any lawyers, academics, civil servants, NGOs and students interested in this area of law. The authors of each commentary are academic and practitioner experts in the field of EU immigration law based in the UK, Ireland and the Netherlands. Also available as a set of 3 volumes see isbn 9789004222304
Author : Mariagiulia Giuffré
Publisher : Bloomsbury Publishing
Page : 322 pages
File Size : 49,91 MB
Release : 2020-02-20
Category : Law
ISBN : 150990252X
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.
Author : Paul Linden-Retek
Publisher : Oxford University Press
Page : 353 pages
File Size : 26,36 MB
Release : 2023-03-29
Category : Law
ISBN : 0192899201
At a time when the integration of the European Union's peoples through the rule of law is faltering, this book develops a critical theory of postnational constitutionalism. Today, widely held conceptions of EU law continue to mislead citizens about the nature of political identity, sovereignty, and agency. They lose sight of a critical idea on which post-nationalism depends-that constitutional self-authorship is narrative, and the polity is a subject whose identity, history, and legacy are still in formation. Absent this vision, EU law reproduces crises of legitimacy: the depoliticization of public life; emergency rule by executive decree; a collapse of solidarity; and the rise of nativist movements. The book diagnoses this impasse as the product of a problem familiar to modernity: reification—a process in which social and historical relationships are misattributed as timeless relations among things. Reification's shrinking of social dilemmas, moral principles, and political action to narrow perceptions of the present explains law's role in perpetuating crisis. But this diagnosis also points to a remedy. It suggests that to sustain the emancipatory potential of EU constitutionalism we must recover law's relationship to time. Postnational Constitutionalism: Europe and the Time of Law proposes a temporally-attuned constitutional theory with principles of anti-reification, narrative interpretation, and non-sovereign agency at its centre. These principles reimagine essential domains of constitutional order: social integration, constitutional adjudication, and constituent power. Spanning various bodies of EU jurisprudence, the book devotes particular attention to migration and asylum—struggles where questions of solidarity, law, and belonging are most generative and acute.
Author : Michela Ceccorulli
Publisher : Springer Nature
Page : 290 pages
File Size : 22,2 MB
Release : 2020-10-01
Category : Political Science
ISBN : 3030539970
This book explores the norms, practices, and main actors in the EU Migration System of Governance (EUMSG). Bringing a fresh perspective to the analysis of asylum and migration in Europe, the volume unpacks the European Union’s approach to migration and points to the principles and actions of EU member states. Moreover, it explores the EUMSG’s performance through the lenses of three alternative yet coexistent understandings of justice (non-domination, impartiality, and mutual recognition), thereby overcoming a unilateral ethical viewpoint and moving away from the ‘open-closed borders’ debate.
Author : Diego Acosta Arcarazo
Publisher : Bloomsbury Publishing
Page : 246 pages
File Size : 10,53 MB
Release : 2014-02-17
Category : Law
ISBN : 1782252630
The coming into force of the Lisbon Treaty has provided the EU with new powers in the fields of criminal law and security law while reinforcing existing powers in immigration and asylum law. The Stockholm Programme is the latest framework for EU action in the field of justice and home affairs. It includes a range of new legislation in the fields of immigration and asylum, substantive criminal law, criminal procedure and co-operation between national criminal justice systems. The combination of the new treaty and programme have made security and justice key areas of legislative growth in the EU. This volume brings together a range of leading scholars, as well as some of the most interesting new voices in the debate, to examine the state of EU security and justice law after the Lisbon Treaty and the Stockholm Programme. It provides a critical examination of EU law in the fields of immigration, asylum, counter-terrorism, citizenship, fundamental rights and external relations. The book also examines the evolving roles of the EU institutions and criminal justice agencies. It provides a critical account of EU law in this field under the developing constitutional and institutional settlement.
Author : Sergio Carrera
Publisher : Edward Elgar Publishing
Page : 337 pages
File Size : 28,31 MB
Release :
Category : Asylum, Right of
ISBN : 1788972481
This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.
