The Reception of Asylum Seekers under International Law

Between Sovereignty and Equality

Author: Lieneke Slingenberg

Publisher: Bloomsbury Publishing

ISBN: 1782253246

Category: Law

Page: 398

View: 392

Increasingly, European states are using policy on the reception of asylum seekers as an instrument of immigration control, eg by deterring the lodging of asylum applications, preventing integration into their societies and exercising a large degree of control over asylum seekers in order to facilitate expulsion. The European Union is currently engaged in a process of developing minimum conditions for the reception of asylum seekers, as part of a Common European Asylum System. This book critically examines the outcomes of the negotiation process on these minimum standards – Directive 2003/9/EC and Directive 2013/33/EU – in relation to international refugee law, international social security law and international human rights law. It presents a comprehensive analysis of state obligations that stem from these different fields of law with regard to asylum seekers' access to the labour market and social security benefits and compares them to the minimum standards developed in the European Union. To this end, it offers an in-depth study into the notion of non-discrimination on the basis of nationality in the field of social security and a detailed analysis of recent developments in the case law of the European Court on Human Rights on positive obligations in the socioeconomic sphere. It takes into account both the special characteristics of international legal obligations for states in the socioeconomic sphere and the legal consequences of the tentative legal status of asylum seekers. In addition, this book particularly examines how the instrumental use of social policy relates to international law.

Netherlands Yearbook of International Law 2016

The Changing Nature of Territoriality in International Law

Author: Martin Kuijer,Wouter Werner

Publisher: Springer

ISBN: 9462652074

Category: Law

Page: 424

View: 9401

International law holds a paradoxical position with territory. Most rules of international law are traditionally based on the notion of State territory, and territoriality still significantly shapes our contemporary legal system. At the same time, new developments have challenged territory as the main organising principle in international relations. Three trends in particular have affected the role of territoriality in international law: the move towards functional regimes, the rise of cosmopolitan projects claiming to transgress state boundaries, and the development of technologies resulting in the need to address intangible, non-territorial, phenomena. Yet, notwithstanding some profound changes, it remains impossible to think of international law without a territorial locus. If international law is undergoing changes, this implies a reconfiguration of territory, but not a move beyond it. The Netherlands Yearbook of International Law was first published in 1970. It offers a forum for the publication of scholarly articles of a conceptual nature in a varying thematic area of public international law.

International Law and Child Soldiers

Author: Gus Waschefort

Publisher: Bloomsbury Publishing

ISBN: 1782254331

Category: Law

Page: 224

View: 5321

This book commences with an analysis of the current state of child soldiering internationally. Thereafter the proscriptive content of contemporary norms on the prohibition of the use and recruitment of child soldiers is evaluated, so as to determine whether these norms are capable of better enforcement. An 'issues-based' approach is adopted, in terms of which no specific regime of law, such as international humanitarian law (IHL), is deemed dominant. Instead, universal and regional human rights law, international criminal law and IHL are assessed cumulatively, so as to create a mutually reinforcing web of protection. Ultimately, it is argued that the effective implementation of child soldier prohibitive norms does not require major changes to any entity or functionary engaged in such prevention; rather, it requires the constant reassessment and refinement of all such entities and functionaries, and here, some changes are suggested. International judicial, quasi-judicial and non-judicial entities and functionaries most relevant to child soldier prevention are critically assessed. Ultimately the conclusions reached are assessed in light of a case study on the use and recruitment of child soldiers in the Democratic Republic of the Congo.

Europe and Extraterritorial Asylum

Author: Maarten Den Heijer

Publisher: Bloomsbury Publishing

ISBN: 1847319076

Category: Law

Page: 342

View: 7151

Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing of asylum-seekers. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. The book explores how refugee and human rights law has responded to the new measures adopted by states, and how states have sought cooperation with other actors in the context of migration control. The book defends the thesis that when European states attempt to control the movement of migrants outside their territories, they remain responsible under international law for protecting the rights of refugees as well as their general human rights. It also identifies how EU law governs and constrains the various types of pre-border migration enforcement employed by EU Member States, and examines how unfolding practices of external migration control conform with international law. This is a work which will be essential reading for scholars and practitioners of asylum and refugee law throughout Europe and the wider world. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.

The Right to Seek Refugee Status in the European Union

Author: Sylvie Da Lomba

Publisher: Intersentia nv

ISBN: 9050953492

Category: Law

Page: 325

View: 1453

This book analyses the implications of the EU asylum policy for the right to seek refugee status within the meaning of the 1951 UN Convention relating to the Status of Refugees. Relevant EU legislation and proposals for future legislation are measured against the standards set out in international refugee and human rights law with a view to making law reform proposals for the protection of the right to seek refugee status within the EU.

Immigration and Welfare

Challenging the Borders of the Welfare State

Author: Michael Bommes,Andrew Geddes

Publisher: Routledge

ISBN: 1134593708

Category: Political Science

Page: 304

View: 3554

Immigration and Welfare avoids simplistic and unhelpful notions of the 'threat' of immigration to analyse the effects of immigration on national welfare states in an integrating Europe. It explores new migration challenges, such as asylum seekers and Europe's increasingly restrictive immigration policies, and looks at the implications of such debates for immigrant and immigrant-origin communities across Europe.

The Irish Yearbook of International Law

Author: Fiona de Londras,Siobhán Mullally

Publisher: Bloomsbury Publishing

ISBN: 150992566X

Category: Law

Page: 344

View: 2133

The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish policy and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the law of the sea, and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. This volume of the Yearbook includes a symposium issue on Brexit, Ireland and international law, bringing together leading academics exploring the international legal-political context of Brexit for Ireland.

The Rights of Non-citizens

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher: United Nations Publications

ISBN: 9789211541755

Category: Law

Page: 51

View: 4629

International human rights law is founded on the premise that all persons, by virtue of their essential humanity, should enjoy all human rights. Exceptional distinctions, for example between citizens and non-citizens, can be made only if they serve a legitimate State objective and are proportional to the achievement of the objective. Non-citizens can include: migrants, refugees and asylum seekers, victims of trafficking, foreign students, temporary visitors and stateless people. This publication looks at the diverse sources of international law and emerging international standards protecting the rights of non-citizens, including international conventions and reports by UN and treaty bodies

Adopted Texts

Author: Council of Europe. Parliamentary Assembly

Publisher: N.A


Category: European federation

Page: N.A

View: 3423


The Rights of Refugees under International Law

Author: James C. Hathaway

Publisher: Cambridge University Press

ISBN: 9781139445764

Category: Political Science

Page: N.A

View: 7990

This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.

Der Vogel ist krank


Author: Arnon Grunberg

Publisher: N.A

ISBN: 9783257235500


Page: 495

View: 3849


The Australian Year Book of International Law

Author: N.A

Publisher: N.A


Category: Conflict of laws

Page: N.A

View: 5378

Annual survey of current problems of public and private international law with a digest of Australian practice.

Hostile shores

abuse and refoulement of asylum seekers and refugees in Yemen

Author: Human Rights Watch (Organization)

Publisher: N.A


Category: Law

Page: 52

View: 4516

"Since 2008 more than 100,000 mainly Somali and Ethiopian asylum seekers and migrants have arrived on Yemen's shores by boat. Many suffer horribly along the way. The smugglers who carry them cram their passengers into overcrowded boats and savagely beat those who try to move. Smugglers have murdered passengers and have often forced them to disembark in deep water and swim to shore, leading to many deaths from drowning. More than 1,000 people have died making the crossing in the past two years. After arriving in Yemen the exhausted travelers face one of two very different receptions, depending not on why they have come but on where they come from. Those from Somalia are welcomed as refugees without exception. But the majority of those from Ethiopia are treated like criminals to be hunted down and deported, even if they came to Yemen in search of asylum. The government compels them to run a gauntlet of obstacles before they can apply for asylum. But even those Ethiopians who manage to get recognition as refugees from the United Nations High Commissioner for Refugees (UNHCR) still face discriminatory government policies that make their lives even harder and fuel racially motivated violence and harassment. Hostile Shores: Abuse and Refoulement of Asylum Seekers and Refugees in Yemen documents the abuse and discrimination that many asylum seekers suffer at every stage of their attempt to find refuge from persecution. Human Rights Watch calls upon the government of Yemen to end its discriminatory treatment of non-Somali asylum seekers. It also lays out necessary steps for UNHCR to develop a more effective strategy for pressing the Yemeni government to meet its international obligations."--P. [4] of cover.

The Future of Asylum in the European Union

Problems, proposals and human rights

Author: Flora A.N.J. Goudappel,Helena S. Raulus

Publisher: Springer Science & Business Media

ISBN: 9789067048026

Category: Law

Page: 216

View: 7649

This book is based on a conference on the future of the European asylum policy at Erasmus School of Law in Rotterdam, the Netherlands. After a challenge set by the Dutch State Secretary for Justice, Ms Nebahat Albayrak, the contributions to this book focus on human rights aspects of the European asylum policy and the way the EU Member States need to cooperate in the future in order to reach results. The authors are scholars, policy makers and representatives of NGOs. In this way, many different aspects of the problems are put forward. In the introduction and the conclusion the editors evaluate the results of this broad cooperation. Valuable for academics, practitioners, policymakers and NGO’s involved with European asylum policy issues.