The Principle Of Non Refoulement Under The Echr And The Un Convention Against Torture And Other Cruel Inhuman Or Degrading Treatment Or Punishment
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The Eu S Human Rights Responsibility Gap
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Author : Joyce De Coninck
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-11-14
The Eu S Human Rights Responsibility Gap written by Joyce De Coninck and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-11-14 with Political Science categories.
Can the EU be held legally responsible for its contributions to human rights harms in its Integrated Border Management policy? Or do systemic legal design flaws in the EU's human rights responsibility regime give rise to a significant responsibility gap? This book delves into these pressing questions, offering a transversal analysis of applicable legal frameworks under international and EU law. Divided into three parts, the book first analyses the international and EU human rights responsibility frameworks, revealing both 'normative incongruency' as well as 'liability incongruency'. Part two applies these frameworks to specific illustrations within the four tiers of the EU's Integrated Border Management, exposing the critical points where responsibility falters. Building on these findings and drawing from shared responsibility and relationality theories, part three briefly introduces 'Relational Human Rights Responsibility' as an alternative method to ascertaining human rights responsibility of the EU specifically, and international organisations more generally.
The Readmission Of Asylum Seekers Under International Law
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Author : Mariagiulia Giuffré
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-02-20
The Readmission Of Asylum Seekers Under International Law written by Mariagiulia Giuffré and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-02-20 with Law categories.
This monograph could not be more timely, as discourses relating to refugees' access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees' access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.
The Universal Declaration Of Human Rights
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Author : Humberto Cantu Rivera
language : en
Publisher: BRILL
Release Date : 2023-12-18
The Universal Declaration Of Human Rights written by Humberto Cantu Rivera and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-12-18 with Law categories.
The adoption of the Universal Declaration of Human Rights (UDHR) on 10 December 1948 by the United Nations General Assembly marked a groundbreaking moment in the field of international law. Not only would it start to move away from its original conception as an exclusively State-centered domain: it would also mark the progressive transformation of international law into a law for humankind. This instrument started a codification and institution-building process that would slowly evolve into a complex framework of treaties, bodies and procedures revolving around the protection of the human being against the actions – or omissions – of the State. This commentary provides a specific analysis and reflection of how each one of the rights enshrined therein have evolved over time.
The European Union Returns Directive And Its Compatibility With International Human Rights Law
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Author : Izabella Majcher
language : en
Publisher: BRILL
Release Date : 2019-11-26
The European Union Returns Directive And Its Compatibility With International Human Rights Law written by Izabella Majcher and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-11-26 with Law categories.
The book undertakes a thorough human rights assessment of the EU Returns Directive. The overarching human rights framework, which circumscribes states prerogatives in the context of expulsion, builds upon obligations derived from the principle of non-refoulement; the right to life, respect for family and private life, effective remedy, basic social rights; the prohibition of torture and ill-treatment; and protection against arbitrary detention and collective expulsion. Based on this assessment, Majcher explores several protection gaps in the EU return policy which may result in violations of migrants’ rights and highlights how the provisions of the Directive should be implemented in line with member states’ human rights obligations. Informed by this assessment, the book discusses amendments to the Directive, proposed by the European Commission in September 2018. “By examining the European Union (EU) Returns Directive in the light of international and European human rights law, Izabella Majcher thoroughly explores and analyses the requirements the EU member states’ authorities must guarantee migrants in an irregular situation when they adopt and implement return decisions, entry bans, pre-removal detention, and removal.” Marie-Laure Basilien-Gainche, Professor of public international law, University Jean Moulin Lyon 3, Honorary member of the Institut universitaire de France
Routledge Handbook Of International Human Rights Law
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Author : Scott Sheeran
language : en
Publisher: Routledge
Release Date : 2014-08-07
Routledge Handbook Of International Human Rights Law written by Scott Sheeran and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-07 with Law categories.
The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://www.routledgehandbooks.com/doi/10.4324/9780203481417.ch35
Frontex And Non Refoulement
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Author : Roberta Mungianu
language : en
Publisher: Cambridge University Press
Release Date : 2016-08-18
Frontex And Non Refoulement written by Roberta Mungianu and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-18 with Law categories.
This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.
Research Handbook On International Law And Migration
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Author : Vincent Chetail
language : en
Publisher: Edward Elgar Publishing
Release Date : 2014-03-28
Research Handbook On International Law And Migration written by Vincent Chetail and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-28 with Law categories.
Migration is a complex and multifaceted issue, and the current legal framework suffers from considerable ambiguity and lack of cohesive focus. This Handbook offers a comprehensive take on the intersection of law and migration studies and provides strat
The Law And Practice Of Expulsion And Exclusion From The United Kingdom
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Author : Eric Fripp
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-12-04
The Law And Practice Of Expulsion And Exclusion From The United Kingdom written by Eric Fripp and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-12-04 with Law categories.
Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT
Research Handbook On Human Rights And Humanitarian Law
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Author : Kolb, Robert
language : en
Publisher: Edward Elgar Publishing
Release Date : 2022-05-03
Research Handbook On Human Rights And Humanitarian Law written by Kolb, Robert and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-05-03 with Political Science categories.
Transport Economics is a revised and refined fourth edition of a well-established textbook which applies economic analysis to transport issues. Each chapter has been carefully reworked and includes new material dealing with the regulation of transport markets. To assist in pedagogy, twenty or so free standing ‘Exhibits’ now provide a variety of case studies and narratives to supplement the text. More up-to-date examples and illustrations also make the understanding of economic principles easier and assist in the assimilation of economic concepts.
Cultural Rights Of Third Country Nationals In Eu Law
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Author : Anna Magdalena Kosińska
language : en
Publisher: Springer Nature
Release Date : 2019-12-09
Cultural Rights Of Third Country Nationals In Eu Law written by Anna Magdalena Kosińska and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-09 with Law categories.
Cultural Rights of Third-Country Nationals in EU Law provides a complex analysis of the cultural rights of third-country nationals in European Union Law. Originally published in Polish and translated into English for the first time, this book examines EU migration policy and law from the perspective of cultural rights protection for migrants as a part of the overall system of human rights protection in the EU. In offering a careful analysis of these standards and their implementation mechanisms, Cultural Rights of Third-Country Nationals in EU Law will be of use to all researchers on EU law, especially in the areas of asylum law, migration law and the protection of the borders. It will also be useful to scholars and practitioners in the area of cultural policy.