Negotiating Asylum : The EU Acquis, Extraterritorial Protection and the Common Market of Deflection /
Negotiating Asylum : The EU Acquis, Extraterritorial Protection and the Common Market of Deflection /
The EU Acquis, Extraterritorial Protection and the Common Market of Deflection
edited by Gregor Noll.
- 1 online resource.
- The Raoul Wallenberg Institute Human Rights Library ; 6 .
- The Raoul Wallenberg Institute Human Rights Library ; 6. .
Includes bibliographical references and index.
Preliminary Material / Introduction / Universalism versus Particularism / Determinants of Protection systems / European Integration and Extraterritorial Protection / Access to Territory under the EU acquis / Access to Full-Fledged Procedures under the EU acquis / Access to Protection under the EU acquis / Sharing the Burden? / International Law and Extraterritorial Protection / Interpreting Hard cases / Delimiting and Justifying Protection under the ECHR / Three Conflict Zones / Demos, Determinacy and Justification / Negotiating Asylum: A summary of Observations / Cases / International Treaties / Instruments and Documents Related to the EU acquis / Literature / Index / Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll.
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.
9789004461543 9789041114310
10.1163/9789004461543 DOI
Visas--European Union countries.
Asylum, Right of--European Union countries.
Exterritoriality.
KJE6040
341.4/842/094
Includes bibliographical references and index.
Preliminary Material / Introduction / Universalism versus Particularism / Determinants of Protection systems / European Integration and Extraterritorial Protection / Access to Territory under the EU acquis / Access to Full-Fledged Procedures under the EU acquis / Access to Protection under the EU acquis / Sharing the Burden? / International Law and Extraterritorial Protection / Interpreting Hard cases / Delimiting and Justifying Protection under the ECHR / Three Conflict Zones / Demos, Determinacy and Justification / Negotiating Asylum: A summary of Observations / Cases / International Treaties / Instruments and Documents Related to the EU acquis / Literature / Index / Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll -- Gregor Noll.
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.
9789004461543 9789041114310
10.1163/9789004461543 DOI
Visas--European Union countries.
Asylum, Right of--European Union countries.
Exterritoriality.
KJE6040
341.4/842/094