The Right of an Alien to be Protected against Arbitrary Expulsion in International Law

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The Right of an Alien to be Protected against Arbitrary Expulsion in International Law

By Julia Wojnowska-Radzinska
Brill Nijhoff April 2015

Specifications

ISBN-13
9789004265431
Publisher
Brill Nijhoff
Publication
April 2015
Format
Hardback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

In The Right of an Alien to be Protected against Arbitrary Expulsion in International Law Julia Wojnowska-Radzińska offers a comprehensive legal study of international legal obligations of States for the protection of aliens lawfully residing against arbitrary expulsion. It also provides practical information on administrative proceedings, legal remedies and procedural rights aliens exercise.

The book aims at answering a fundamental question how to strike a balance between the inherent right of a State to expel an alien and the rights the latter is entitled to. The reader will therefore be given a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.

Table of Contents

List of Abbreviations
Preface
Introduction

Chapter I Categories of Aliens and Types of Expulsion
1. Introduction
2. The notion of an alien
3. The notion of expulsion
4. Lawful residence versus the expulsion of an alien

Chapter II The Concept and the Development of the Right of an Alien Lawfully in the Territory of a State to Be Protected against Arbitrary Expulsion
1. Historical background
2. The notion of the right of an alien to be protected against arbitrary expuslion

Chapter III The Scope of Protection against Arbitrary Expulsion from a State of Legal Residence under International Human Rights Law
1. Introduction
2. The right of an alien to respect for private and family life
3. Prohibition to expel an individual from his/her country
4. The prinicple of non-discrimination
5. The principle of non-refoulement
6. Conclusion

Chapter IV Procedural Measures and Guarantees an Alien is Entitled To
1. Introduction
2. Legal requirements of the decision on expulsion
3. Right to receive notice of expulsion proceedings
4. Right to submit reasons against expulsion
5. Right to appeal to a competent authority to have the case reviewed
6. Right to a counsel
7. Grounds for revoking procedural guarantees
8. Right to an effective remedy
9. Procedural guarantees for the UE citizens in the light of the Directive 2004/38/EC
10. Diplomatic protection
11. Conclusion

Chapter V Polish Approach to Protection against Arbitrary Expulsion
1. Introduction
2. General rules governing the protection of aliens against arbitrary expulsion
3. Respect for private and family life as grounds precluding arbitrary expulsion
4. Conclusion

Chapter VI Responsibility of a State for Violating the Right of an Alien to Be Protected against Arbitrary Expulsion
1. Introduction
2. Responsibility of a State for arbitrary expulsion in international law
3. Reparation for arbitrary expuslion of an alien
4. Conclusion

Conclusion, Bibliography, Index.
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