Non-expulsion and Non-refoulement PDF Download

Author: Gunnel Stenberg
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 320

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Book Description
General criticism. 11. Recent development.

Author: Roberta Mungianu
Publisher: Cambridge University Press
ISBN: 1316790827
Category : Law
Languages : en
Pages : 275

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Book Description
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: Eman Hamdan
Publisher: BRILL
ISBN: 9004319395
Category : Law
Languages : en
Pages : 414

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Book Description
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: Fanny De Weck
Publisher: BRILL
ISBN: 9004311491
Category : Law
Languages : en
Pages : 548

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Book Description
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
ISBN: 0198848633
Category : Law
Languages : en
Pages : 1337

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Book Description
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: Loyd Marcel Minka
Publisher: GRIN Verlag
ISBN: 3668432066
Category : Law
Languages : en
Pages : 39

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Book Description
Research Paper (postgraduate) from the year 2017 in the subject Politics - Topic: Public International Law and Human Rights, grade: Principle of non-refoulement, University of Yaoundé I (Catholic Institut of Yaoundé (Cameroon) - Academy of Peace and Human Rights at the Catholic University of Central Africa (Cameroon)), course: Refugee Protection, language: English, abstract: There are many international standards or instruments which protect the rights of refugees to non-refoulment. These instruments are: the United Nations convention relating to the status of refugees of 1951 and its protocol of 1967, the international covenant on civil and political rights of 1966, the United Nations convention against torture of 1989 and the Convention of the Organization of the African Unity governing the specific aspects of refugee problems in Africa adopted in 1969. These instruments play a great role in favoring the implementation of the principle of non-refoulement.

Author: Gunnell Stenberg
Publisher:
ISBN: 9788757455106
Category : Deportation
Languages : en
Pages : 309

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Book Description

Author: James C. Hathaway
Publisher: BRILL
ISBN: 9004635858
Category : Law
Languages : en
Pages : 204

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Book Description
Violence and other human rights abuses continue to force desperate people to migrate in search of protection. Yet because the political and economic reasons that induced an historical openness to the arrival of refugees have largely withered away, there is no longer a guarantee that any state will be prepared to receive these involuntary migrants. Governments of both North and South are withdrawing from the international legal duty to provide potentially indefinite protection to any and all refugees who arrive at their borders. The challenge is to reconceive refugee protection in a way that is reconcilable with the legitimate concerns of modern states, yet which does not sacrifice the critical right of at-risk people to seek asylum. The essays in Reconceiving International Refugee Law offer a response to the concerns of many states that refugee protection has become no more than a `back door' route to permanent immigration, and that its costs are not fairly apportioned among states. Drawing on the research of leading migration scholars from around the world, and vetted through dialogue with senior officials and non-governmental experts, this volume explores the potential for a shift to a robust and empowering system of temporary asylum, supported by a pragmatic system of guarantees to share both the costs and human responsibilities of refugee protection.

Author: Aoife Duffy
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
Non-refoulement is a principle of international law that precludes states from returning a person to a place where he or she might be tortured or face persecution. The principle, codified in Article 33 of the 1951 Refugee Convention, is subject to a number of exceptions. This article examines the status of non-refoulement in international law in respect to three key areas: refugee law, human rights law and international customary law. The findings suggest that while a prohibition on refoulement is part of international human rights law and international customary law, the evidence that non-refoulement has acquired the status of a jus cogens norm is less than convincing.

Author: André Nollkaemper
Publisher: Cambridge University Press
ISBN: 1107107091
Category : Law
Languages : en
Pages : 1229

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Book Description
This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.