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The Readmission of Asylum Seekers under International Law

The Readmission of Asylum Seekers under International Law

Author: Mariagiulia Giuffré
Publisher: Hart Publishing
ISBN: 9781509902491

Published In: February 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509954759

List Price: HKD 1,300.00

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Description
Contents

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As discourses relating to refugees' access to territory, rescue at sea, and removal dominate political debate as never before, this monograph simply could not be more timely.

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 of Human Rights, it also examines other international frameworks, including those at the United Nations level and instruments such as the Refugee Convention.

Therefore, this book is of importance to a broad international law, refugee law, human rights and migration studies audience at the global level, and its readership may range from students and scholars to human rights judges and lawyers as well as government officers, policy-makers and intergovernmental and non-governmental organisations (NGOs).

It offers an analysis of both the legal and policy questions at play, in order to ensure its full engagement with widely-disputed cases concerning readmission agreements, deportation with assurances, and interception at sea. By so doing, it seeks to clarify a complex field, which has at times suffered from a partiality in both its terminology and substance.

1. Introduction

I. Refugee Encounters with the State

II. Objectives and Structure

III. On 'Informalisation' and 'Diversification' of Agreements Linked to Readmission

IV. Defining Key Concepts

V. Geographical Scope

VI. Law and Practice of Readmission

VII. Text, Context, and Telos

VIII. The Interrelation between International Refugee Law and Human Rights Law

IX. The Protection of Human Rights in EU Law

X. Conclusion

2. Refugees' Admission and Readmission: International and European Protection Obligations

I. Introduction

Part 1. Refugee Rights before Removal

II. The Right to Non-Refoulement: Introduction

III. The Legal Content of Non-Refoulement in International Human Rights Law

IV. Introducing Extraterritorial Jurisdiction

V. EU Law and Non-Refoulement

VI. The Right to Access Asylum Procedures before Removal: Introduction

VII. Access to Asylum Procedures under Human Rights Law

VIII. EU Law and the Right to Access Asylum Procedures

IX. The Right to an Effective Remedy before Removal: Introduction

X. The Right to an Effective Remedy under Human Rights Law

XI. Legal Remedies in EU Immigration and Asylum Law

Part 2. The Safe Third Country in Context

XII. Defining the Concept of a 'Safe Third Country'

XIII. Conclusion

AGREEMENTS LINKED TO READMISSION AND REFUGEE RIGHTS: INTRODUCTION TO CHAPTERS 3, 4, AND 5

3. Readmission Agreements and Refugee Rights

I. Introduction

II. Obligation under International Law to Readmit Persons

III. Readmission Agreements: An Overview

IV. The Relationship between Interstate and EU Readmission Agreements

V. Removal Decisions: The Return and the Recast Procedures Directives in Context

VI. Conflicts of Treaties and Non-affection Clauses: Readmission Agreements versus International Human Rights Treaties

VII. Informal Border Practices: When Refugees become Invisible

VIII. 'Carrots' and 'Sticks': Protecting Human Rights Through Readmission Agreements?

IX. Looking Ahead: Aims and Functions of Proposed Procedural Human Rights Clauses in Readmission Agreements

X. Readmission Agreements and Access to Protection: Concluding Remarks

4. Negotiating Rights and Diplomatic Assurances under Memoranda of Understanding

I. Introduction

Part 1

II. Deportation at All Costs? The Case of the UK and Diplomatic Assurances

Part 2

III. Legal Status of Diplomatic Assurances: An Open-Ended Doctrinal Debate

Part 3

IV. Access to Protection: The Relationship between Refugee Rights and Diplomatic Assurances

V. Diplomatic Assurances on Asylum Seekers' Removable to 'Safe Third Countries'?

VI. Access to Protection, Diplomatic Assurances, and MoUs:

5. Pre-Arrival Maritime Interception, Push-Backs and Agreements for Technical and Police Cooperation

I. Introduction

II. The Changing Readmission Paradigm: From Push-Backs to Push-Backs by Proxy (Pull-Backs)

III. Overview of the First Wave of Bilateral Agreements Linked to Readmission between Italy and Libya

IV. In Search of a Legal Foundation for Push-Backs to Libya ............

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V. Not an Isolated Case: Outlining Further Agreements for Technical and Police Cooperation

VI. State Duties at Sea

VII. Push-Backs and Push-Backs by Proxy: State Responsibility in Extraterritorial (and Externalised) Immigration Controls

VIII. Concluding Remarks

6. Conclusion

I. On the Intertwinement of Agreements Linked to Readmission and Refugee Rights

II. The Way Forward

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