Limits of Transnational Law Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union

Author: Guy Goodwin-Gill; Hélène Lambert
Publisher: Cambridge University Press
ISBN: 9780521198202
Published In: March 2010
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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State authority and power have become diffused in an increasingly globalised world characterised by the freer trans-border movement of people, objects and ideas. As a result, some international law scholars believe that a new world order is emerging based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This book explores the prospects for such an order in the context of refugee law in Europe, focussing on the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states, with case studies revealing a mix of rational and cultural factors that lead judges to rarely use each others’ decisions within the EU. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

• Introduces readers to a new, transnational approach to refugee law

• Analyses the prospects for the development of a Common European Asylum System, a key policy area in European asylum law

• Exploration of the prospects for a transnational legal order in the context of refugee law in Europe will appeal to readers interested in critical analysis of the evolution of these legal orders

• Case-study analysis of transnational judicial dialogue in nine European states helps readers understand the obstacles associated with the emergence of a judicial dialogue between common law and civil law countries

1. Introduction: transnational law, judges, and refugees in the European Union H. Lambert;

2. Where is the reference? On the limited role of transnational dialogue in Belgian refugee law J.-Y. Carlier and D. Vanheule;

3. The use of foreign asylum jurisprudence in the German administrative courts P. Tiedemann;

4. Foreign law in Swedish judicial decision-making: still a rare occurrence R. Stern;

5. Foreign asylum law in Denmark - dualist tradition and domestic focus J. Vedsted-Hansen;

6. Transnational refugee law in the French courts: deliberate or compelled change in judicial attitudes? H. Lambert and J. Silga;

7. Thou shalt not judge... Spanish judicial decision-making in asylum and the role of judges in interpreting the law M.-T. Gil-Bazo;

8. The solipsistic monologue of Italian authorities F. Messineo;

9. The British judiciary and the search for reciprocal relations with its continental partners H. Lambert, with the assistance of R. Husain;

10. Judicial dialogue and refugee determination in Irish law: talking across borders S. Mullally;

11. Conclusion: one true way G. S. Goodwin-Gill.

H. Lambert, J.-Y. Carlier, D. Vanheule, P. Tiedemann, R. Stern, J. Vedsted-Hansen, J. Silga, M.-T. Gil-Bazo, F. Messineo, R. Husain, S. Mullally, G. S. Goodwin-Gill

'… marvelous … thought provoking … this book was a pleasure to read. It is lively, entertaining and highly engaging. All the chapters are well written, not always the case when many of the authors do not have English as a mother tongue. For my part, my reflections on the question of cross-border judicial conversations have been much enriched by this book.' European Human Rights Law Review