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Author : Dana Baldinger
Publisher :
ISBN 13 :
Total Pages : 548 pages
Book Rating : 4.17/5 ( download)
Download or read book Vertical Judicial Dialogues in Asylum Cases written by Dana Baldinger and published by . This book was released on 2015 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Dana Baldinger
Publisher : Hotei Publishing
ISBN 13 : 9004290729
Total Pages : 562 pages
Book Rating : 4.23/5 ( download)
Download or read book Vertical Judicial Dialogues in Asylum Cases written by Dana Baldinger and published by Hotei Publishing. This book was released on 2015-05-12 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do international and EU law require from the national asylum judge with regard to the intensity of judicial scrutiny to be applied and evidentiary issues? To answer that question, an analysis is made of the provisions on national judicial proceedings contained in the Refugee Convention (RC), the International Covenant on Civil and Political Rights (ICCPR), the UN Convention against Torture (CAT), the European Convention on Human Rights (ECHR), and the EU Charter of Fundamental Rights. In addition, the assessment as performed by the UN Human Rights Committee, the UN Committee against Torture and the European Court of Human Rights in cases concerning the expulsion of asylum seekers is analysed.
Author : Madalina Moraru
Publisher : Bloomsbury Publishing
ISBN 13 : 1509922970
Total Pages : 528 pages
Book Rating : 4.70/5 ( download)
Download or read book Law and Judicial Dialogue on the Return of Irregular Migrants from the European Union written by Madalina Moraru and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the implementation of the Return Directive from the perspective of judicial dialogue. While the role of judges has been widely addressed in European asylum law and EU law more generally, their role in EU return policy has hitherto remained under explored. This volume addresses the interaction and dialogue between domestic judiciaries and European courts in the implementation of European return policy. The book brings together leading authors from various backgrounds, including legal scholars, judges and practitioners. This allows the collection to offer theoretical and practical perspectives on important questions regarding the regulation of irregular migration in Europe, such as: what constitutes inadequate implementation of the Directive and under which conditions can judicial dialogue solve it? How can judges ensure that the right balance is struck between effective return procedures and fundamental rights? Why do we see different patterns of judicial dialogue in the Member States when it comes to particular questions of return policy, for example regarding the use of detention? These questions are more timely than ever given the shifting public discourse on immigration and the growing political backlash against immigration courts. This book will be essential reading for all scholars and practitioners in the fields of immigration law and policy, EU law and public law.
Author : Casarosa, Federica
Publisher : Edward Elgar Publishing
ISBN 13 : 1800371225
Total Pages : 448 pages
Book Rating : 4.24/5 ( download)
Download or read book The Practice of Judicial Interaction in the Field of Fundamental Rights written by Casarosa, Federica and published by Edward Elgar Publishing. This book was released on 2022-02-04 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful and timely book provides a comparative assessment of selected legal issues emerging from the EU legal context which impact profoundly on the national legal systems. It argues that judicial interaction can answer complex legal questions relating to the implementation of the EU Charter.
Author : Cathryn Costello
Publisher : Oxford University Press
ISBN 13 : 0198848633
Total Pages : 1337 pages
Book Rating : 4.39/5 ( download)
Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Emma Dunlop
Publisher : Oxford University Press
ISBN 13 : 0198885598
Total Pages : 321 pages
Book Rating : 4.97/5 ( download)
Download or read book Ensuring Access to Courts for Asylum Seekers and Refugees written by Emma Dunlop and published by Oxford University Press. This book was released on 2024-02-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first dedicated monograph on article 16 of the 1951 Refugee Convention, Emma Dunlop positions the article within the broader context of public international law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts.
Author : Charlotte Lülf
Publisher : Routledge
ISBN 13 : 0429831234
Total Pages : 254 pages
Book Rating : 4.32/5 ( download)
Download or read book Conflict Displacement and Legal Protection written by Charlotte Lülf and published by Routledge. This book was released on 2019-02-05 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: While the 21st century bears witness to several conflicts leading to mass displacement, the conflict in Syria has crystallised the need for a solid legal framework and legal certainty. This book analyses the relevant legal instruments for the provision of a protection status for persons fleeing to Europe from conflict and violence. It focuses on the conceptualisation of conflict and violence in the countries of origin and the different approaches taken in the interpretation of them in the 1951 Refugee Convention, the Recast Qualification Directive of the European Union and the European Convention on Human Rights. It traces the hierarchical order of protection granted, starting with refugee protection status, to subsidiary protection status and finally with the negative protection from non-refoulement. Recent case law and asylum status determination practices of European countries illustrate the obstacles in the interpretation as well as the divergence in the application of the legal instruments. The book fills an important gap in examining the current practices of key actors, including the United Nations High Commissioner for Refugees and European states, tracing changes in national and international policies and revealing discrepancies towards contemporary approaches to conflicts. It refines the interaction and cross-fertilisation of the different relevant fields of European asylum law, human rights law and the laws of armed conflict in order to further the development of a harmonised protection regime for conflict-induced displacement.
Author :
Publisher : Oxford University Press
ISBN 13 : 0192667203
Total Pages : 2033 pages
Book Rating : 4.05/5 ( download)
Download or read book The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol 2e written by and published by Oxford University Press. This book was released on 2024-01-04 with total page 2033 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Convention Relating to the Status of Refugees adopted on 28 July 1951 in Geneva continues to provide the most comprehensive codification of the rights of refugees yet attempted. Consolidating previous international instruments relating to refugees, the 1951 Convention with its 1967 Protocol marks a cornerstone in the development of international refugee law. At present, there are 149 States Parties to one or both of these instruments, expressing a worldwide consensus on the definition of the term refugee and the fundamental rights to be granted to refugees. These facts demonstrate and underline the extraordinary significance of these instruments as the indispensable legal basis of international refugee law. This Commentary provides for a systematic and comprehensive analysis of the 1951 Convention and the 1967 Protocol on an article-by-article basis, exposing the interrelationship between the different articles and discussing the latest developments in international refugee law. In addition, several thematic contributions analyse questions of international refugee law which are of general significance, such as regional developments, the interrelationship between refugee law and general human rights law, as well as the relationship between refugee law and the law of the sea.
Author : Elspeth Guild
Publisher : Routledge
ISBN 13 : 1351382799
Total Pages : 159 pages
Book Rating : 4.93/5 ( download)
Download or read book Human Rights of Migrants in the 21st Century written by Elspeth Guild and published by Routledge. This book was released on 2017-08-24 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.
Author : Carolus Grütters
Publisher : BRILL
ISBN 13 : 9004330461
Total Pages : 319 pages
Book Rating : 4.67/5 ( download)
Download or read book Migration on the Move written by Carolus Grütters and published by BRILL. This book was released on 2017-08-03 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: Migration on the Move offers a critical review of the profound transformations that have taken place in the field of migration and asylum laws and policies in the past 20 years, and their implications for the refugee and migration issues faced by EU states.
