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Negotiating Asylum

Author: Gregor Noll

Publisher: BRILL

Published: 2021-03-22

Total Pages: 667

ISBN-13: 900446154X

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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.

Book Synopsis Negotiating Asylum by : Gregor Noll

Download or read book Negotiating Asylum written by Gregor Noll and published by BRILL. This book was released on 2021-03-22 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Negotiating Asylum

Author: Gregor Noll

Publisher: Martinus Nijhoff Publishers

Published: 2000-08-23

Total Pages: 680

ISBN-13: 9789041114310

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Book Synopsis Negotiating Asylum by : Gregor Noll

Download or read book Negotiating Asylum written by Gregor Noll and published by Martinus Nijhoff Publishers. This book was released on 2000-08-23 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

UN Global Compacts

Author: Nicholas R. Micinski

Publisher: Routledge

Published: 2021-04-28

Total Pages: 123

ISBN-13: 1000376591

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UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.

Book Synopsis UN Global Compacts by : Nicholas R. Micinski

Download or read book UN Global Compacts written by Nicholas R. Micinski and published by Routledge. This book was released on 2021-04-28 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.

Refugees, Migration and Global Governance

Author: Elizabeth G. Ferris

Publisher: Routledge

Published: 2019-07-05

Total Pages: 161

ISBN-13: 1351172786

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As debates about migrants and refugees reverberate around the world, this book offers an important first-hand account of how migration is being approached at the highest levels of international governance. Whereas refugees have long been protected by international law, migrants have been treated differently, with no international consensus definition and no one international migration system. This all changed in September 2016, when the 193 members of the United Nations unanimously adopted the New York Declaration on Refugees and Migrants, laying the groundwork for the creation of governance frameworks for migrants and refugees worldwide. This book provides a fly on the wall analysis of the opportunities and challenges of the two new Global Compacts on Refugees and Migration as governments, international NGOs, multilateral institutions and other actors develop and negotiate them. Looking beyond the compacts, the book considers migration governance over time, and asks the bigger questions of what the international community can do on the one hand to affirm and strengthen safe, orderly and regular migration to help drive economic growth and prosperity, whilst on the other hand responding to the problems caused by increasing numbers of refugees and irregular migrants. This highly engaging and informative account will be of interest to policy-makers, academics and students concerned with global migration and refugee governance.

Book Synopsis Refugees, Migration and Global Governance by : Elizabeth G. Ferris

Download or read book Refugees, Migration and Global Governance written by Elizabeth G. Ferris and published by Routledge. This book was released on 2019-07-05 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: As debates about migrants and refugees reverberate around the world, this book offers an important first-hand account of how migration is being approached at the highest levels of international governance. Whereas refugees have long been protected by international law, migrants have been treated differently, with no international consensus definition and no one international migration system. This all changed in September 2016, when the 193 members of the United Nations unanimously adopted the New York Declaration on Refugees and Migrants, laying the groundwork for the creation of governance frameworks for migrants and refugees worldwide. This book provides a fly on the wall analysis of the opportunities and challenges of the two new Global Compacts on Refugees and Migration as governments, international NGOs, multilateral institutions and other actors develop and negotiate them. Looking beyond the compacts, the book considers migration governance over time, and asks the bigger questions of what the international community can do on the one hand to affirm and strengthen safe, orderly and regular migration to help drive economic growth and prosperity, whilst on the other hand responding to the problems caused by increasing numbers of refugees and irregular migrants. This highly engaging and informative account will be of interest to policy-makers, academics and students concerned with global migration and refugee governance.

Negotiating Europe's Immigration Frontiers

Author: Barbara Melis

Publisher: Springer

Published: 2001-08-29

Total Pages: 276

ISBN-13:

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I.6. Human rights issues

Book Synopsis Negotiating Europe's Immigration Frontiers by : Barbara Melis

Download or read book Negotiating Europe's Immigration Frontiers written by Barbara Melis and published by Springer. This book was released on 2001-08-29 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: I.6. Human rights issues

Negotiating insanity in the southeast of Ireland, 1820–1900

Author: Catherine Cox

Publisher: Manchester University Press

Published: 2018-04-30

Total Pages: 301

ISBN-13: 1526129841

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This book explores local medical, lay and legal negotiations with the asylum system in nineteenth-century Ireland. It deepens our understanding of attitudes towards the mentally ill and institutional provision for the care and containment of people diagnosed as insane. Uniquely, it expands the analytical focus beyond asylums incorporating the impact that the Irish poor law, petty session courts and medical dispensaries had on the provision of services. It provides insights into life in asylums for patients and staff. The study uses Carlow asylum district – comprised of counties Wexford, Kildare, Kilkenny and Carlow in the southeast of Ireland – to explore the ‘place of the asylum’ in the period. This book will be useful for scholars of nineteenth-century Ireland, the history of psychiatry and medicine in Britain and Ireland, Irish studies and gender studies.

Book Synopsis Negotiating insanity in the southeast of Ireland, 1820–1900 by : Catherine Cox

Download or read book Negotiating insanity in the southeast of Ireland, 1820–1900 written by Catherine Cox and published by Manchester University Press. This book was released on 2018-04-30 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores local medical, lay and legal negotiations with the asylum system in nineteenth-century Ireland. It deepens our understanding of attitudes towards the mentally ill and institutional provision for the care and containment of people diagnosed as insane. Uniquely, it expands the analytical focus beyond asylums incorporating the impact that the Irish poor law, petty session courts and medical dispensaries had on the provision of services. It provides insights into life in asylums for patients and staff. The study uses Carlow asylum district – comprised of counties Wexford, Kildare, Kilkenny and Carlow in the southeast of Ireland – to explore the ‘place of the asylum’ in the period. This book will be useful for scholars of nineteenth-century Ireland, the history of psychiatry and medicine in Britain and Ireland, Irish studies and gender studies.

Negotiating Insanity in the Southeast of Ireland, 1820–1900

Author: Catherine Cox

Publisher: Manchester University Press

Published: 2012-10-16

Total Pages: 272

ISBN-13: 9780719075032

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This book explores local medical, lay, and legal negotiations with the asylum system in nineteenth-century Ireland. It deepens our understanding of attitudes towards the mentally ill and institutional provision for the care and containment of people diagnosed as insane. Uniquely, it expands the analytical focus beyond asylums incorporating the impact that the Irish poor law, petty session courts, and medical dispensaries had on the provision of services. It provides insights into life in asylums for patients and staff. The study uses Carlow asylum district – comprised of counties Wexford, Kildare, Kilkenny, and Carlow in the southeast of Ireland – to explore the "place of the asylum" in the period. This book will be useful for scholars of nineteenth-century Ireland, the history of psychiatry, and medicine in Britain and Ireland, Irish studies and gender studies.

Book Synopsis Negotiating Insanity in the Southeast of Ireland, 1820–1900 by : Catherine Cox

Download or read book Negotiating Insanity in the Southeast of Ireland, 1820–1900 written by Catherine Cox and published by Manchester University Press. This book was released on 2012-10-16 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores local medical, lay, and legal negotiations with the asylum system in nineteenth-century Ireland. It deepens our understanding of attitudes towards the mentally ill and institutional provision for the care and containment of people diagnosed as insane. Uniquely, it expands the analytical focus beyond asylums incorporating the impact that the Irish poor law, petty session courts, and medical dispensaries had on the provision of services. It provides insights into life in asylums for patients and staff. The study uses Carlow asylum district – comprised of counties Wexford, Kildare, Kilkenny, and Carlow in the southeast of Ireland – to explore the "place of the asylum" in the period. This book will be useful for scholars of nineteenth-century Ireland, the history of psychiatry, and medicine in Britain and Ireland, Irish studies and gender studies.

Asylum-Seeking Journeys in Asia

Author: Terence Chun Tat Shum

Publisher: Routledge

Published: 2019-02-14

Total Pages: 200

ISBN-13: 1351375210

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This book looks in detail at the journeys to asylum in Asia which are largely neglected in the media and academic analyses, despite Asia becoming the most essential region for asylum, receiving refugees from both within and outside of the continent. Treating asylum-seeking journeys as a transnational space, the author investigates the actual asylum-seeking process from homelands to either Hong Kong or Bangkok. Today, refugees undertake multiple, long, and life-threatening journeys before arriving in receiving societies; from the moment of arrival in Hong Kong or Bangkok, they face a wide array of challenges. An ethnographic account of how refugees navigate and negotiate their journeys to asylum, this book highlights the social, political, economic, and psychological processes involved in "becoming" and "being" a refugee. This encompasses not only the physical movement of refugees, but also their embodiments and emotional encounters. The author offers a micro-level analysis of asylum-seeking journeys - from the aspiration to flee, to migration preparation, to border crossing, to homemaking in prolonged displacement. All of these stages reveal how these journeys create ever-evolving realities with new constellations of options and constraints. By focusing on refugees’ understanding, perception of, and interaction with the people, environments, and situations around them, this book illustrates how refugee life plans are shaped and reshaped by the embodied experience of their journeys, and how their ideas of home have changed over time. Asylum-seeking Journeys in Asia will appeal to scholars and students in the fields of migration and refugee studies, diaspora studies, globalisation, and Asian studies. It will also be of interest to policymakers and humanitarian workers involved in providing services and assistance to the global refugee population.

Book Synopsis Asylum-Seeking Journeys in Asia by : Terence Chun Tat Shum

Download or read book Asylum-Seeking Journeys in Asia written by Terence Chun Tat Shum and published by Routledge. This book was released on 2019-02-14 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks in detail at the journeys to asylum in Asia which are largely neglected in the media and academic analyses, despite Asia becoming the most essential region for asylum, receiving refugees from both within and outside of the continent. Treating asylum-seeking journeys as a transnational space, the author investigates the actual asylum-seeking process from homelands to either Hong Kong or Bangkok. Today, refugees undertake multiple, long, and life-threatening journeys before arriving in receiving societies; from the moment of arrival in Hong Kong or Bangkok, they face a wide array of challenges. An ethnographic account of how refugees navigate and negotiate their journeys to asylum, this book highlights the social, political, economic, and psychological processes involved in "becoming" and "being" a refugee. This encompasses not only the physical movement of refugees, but also their embodiments and emotional encounters. The author offers a micro-level analysis of asylum-seeking journeys - from the aspiration to flee, to migration preparation, to border crossing, to homemaking in prolonged displacement. All of these stages reveal how these journeys create ever-evolving realities with new constellations of options and constraints. By focusing on refugees’ understanding, perception of, and interaction with the people, environments, and situations around them, this book illustrates how refugee life plans are shaped and reshaped by the embodied experience of their journeys, and how their ideas of home have changed over time. Asylum-seeking Journeys in Asia will appeal to scholars and students in the fields of migration and refugee studies, diaspora studies, globalisation, and Asian studies. It will also be of interest to policymakers and humanitarian workers involved in providing services and assistance to the global refugee population.

Reforming the Common European Asylum System

Author: Vincent Chetail

Publisher: BRILL

Published: 2016-02-15

Total Pages: 549

ISBN-13: 9004308660

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This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.

Book Synopsis Reforming the Common European Asylum System by : Vincent Chetail

Download or read book Reforming the Common European Asylum System written by Vincent Chetail and published by BRILL. This book was released on 2016-02-15 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.