scholarly journals Regionalising International Refugee Law in the European Union: Democratic Revision or Revisionist Democracy?

2007 ◽  
Vol 38 (2) ◽  
pp. 255
Author(s):  
Jane McAdam
Keyword(s):  
International Law ◽  
Forced Migration ◽  
International Standards ◽  
The European Union ◽  
Systematic Analysis ◽  
International Protection ◽  
Refugee Law ◽  
Large Numbers ◽  
International Refugee Law ◽  
The Eu

This paper questions whether the process of harmonisation of the European Union’s asylum laws has strengthened the region’s commitment to international law and international standards, or has instead diluted them in order to accommodate regional (and domestic "democratic") concerns about forced migration. Harmonisation has taken place in a political environment that is suspicious of asylum seekers, that seeks restrictive entrance policies and that is wary of large numbers of refugees. This paper argues that such factors have heavily influenced the scope of the common asylum laws – who is eligible for protection – and the rights to which beneficiaries are entitled – what that protection actually is. It looks in particular at the confinement of protection to "third country nationals", a restriction which contravenes the 1951 Refugee Convention and denies international protection to groups within the EU such as the Roma, whose discrimination is welldocumented and has historically led to many being recognised as refugees. Furthermore, the paper considers that the EU citizen’s right to free movement is not synonymous with a right to residence, and is especially complicated for nationals of the 12 new accession States. It argues that harmonisation has occurred at the expense of a comprehensive and systematic analysis of international law, responding instead to "democratic" political compromise and pragmatism.

Forced Migration Governance: In Search of Sovereignty

2016 ◽  
Vol 17 (6) ◽  
pp. 923-948 ◽  
Author(s):  
Anuscheh Farahat ◽  
Nora Markard
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Third World ◽  
Forced Migration ◽  
Loss Of Control ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Refugee Protection ◽  
The Eu

The European Union (EU) Member States have experienced the recent refugee protection crisis in the EU as a de-facto loss of control over their borders. They find themselves unable to subject entry into their territory to a sovereign decision. In response, the Member States have sought to regain full sovereignty over matters of forced migration, both unilaterally and cooperatively, seeking to govern a phenomenon—forced migration—that by definition defies governance. Unilateral measures include forced migration caps and a search for ways to circumvent responsibility under the Dublin system. Cooperative efforts by EU Member States include the search for ways to more effectively govern forced migration at the EU level and beyond. Supranational EU efforts include the introduction of an internal relocation scheme and support for Italy and Greece in processing asylum claims in so-called “hotspots.” Beyond the EU, Member States are seeking to externalize protection responsibility to third world countries under international agreements, in particular, by returning asylum seekers to Turkey. This Article outlines the unilateral and cooperative governance efforts undertaken and shows that states' sovereign decisions over migration are significantly limited in the case of forced migrants, both by EU law and by international law.

Operation Sophia in Uncharted Waters: European and International Law Challenges for the eu Naval Mission in the Mediterranean Sea

2016 ◽  
Vol 85 (3) ◽  
pp. 235-259 ◽  
Author(s):  
Graham Butler ◽  
Martin Ratcovich
Keyword(s):  
European Union ◽  
International Law ◽  
Mediterranean Sea ◽  
International Human Rights Law ◽  
The European Union ◽  
European Union Law ◽  
Refugee Law ◽  
Legal Challenges ◽  
The Mediterranean ◽  
International Refugee Law

This article addresses the main legal challenges facing the European Union (eu) Naval Force, eunavfor Med (‘Operation Sophia’), established in 2015, to disrupt human smuggling and trafficking activities in the Mediterranean Sea. It examines a number of legal issues that have given rise to scepticism on the viability of this type of operation, ranging from challenges under European Union law regarding mandate and oversight, to complex questions of compliance with international law. Forcible measures may be at variance with the international law of the sea, binding on the eu and its Member States alike. Even if such strictures can be avoided by a broad United Nations mandate and/or the consent of the neighbouring government(s), international refugee law and international human rights law provide limitations on the measures that Operation Sophia will be tasked with. Different avenues will be explored to ensure the Operation’s compliance with these different legal regimes.

THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AND THE SOURCES OF INTERNATIONAL REFUGEE LAW

2020 ◽  
Vol 69 (1) ◽  
pp. 1-41
Author(s):  
Guy S. Goodwin-Gill
Keyword(s):  
International Law ◽  
International Protection ◽  
Customary International Law ◽  
Grass Roots ◽  
Refugee Law ◽  
High Commissioner ◽  
Operational Activities ◽  
International Refugee Law ◽  
High Degree ◽  
The Impact

AbstractThe role of international organisations in international law-making tends to be downplayed in this largely State-centric world. The practice of UNHCR, however, is reason enough for a more sophisticated appreciation of the role that operational entities can play in stimulating State practice, and of how they may interact with and guide domestic courts in treaty interpretation and application. The ILC's recently completed projects on customary international law and subsequent agreements and practice encourage a cautious approach, but the high degree of judicialisation in refugee decision-making, the strong legal content in the international protection regime and the impact of UNHCR's operational activities open the way for institutional and grass-roots developments, keeping the law in closer touch with social and political realities and with the needs of those displaced.

scholarly journals The Failure of the European Union to Respond to the Refugee Crisis

2021 ◽  
Vol 12 (2) ◽  
pp. 302-311
Author(s):  
Abdullah Omar Yassen, Et. al.
Keyword(s):  
European Union ◽  
Media Coverage ◽  
Forced Migration ◽  
Local Communities ◽  
Right Wing ◽  
Refugee Crisis ◽  
The European Union ◽  
Refugee Law ◽  
International Refugee Law ◽  
Refugee Issues

Purpose: Recent UNHCR figures show that a record 70.8 million refugees are forcibly displaced. Millions of refugees are trapped in protracted refugee situations, and have been so on average for 25 years; this compares with 17 years in 2003, and nine in 1991. The research addresses whether the existing international refugee law regime is capable of addressing this crisis, or whether the issue is that member states do not comply with the refugee regime Results: This research highlights the failure of European Union to respond to the refugee problems. The figures show that there are more refugees trapped in protracted situations than before and also that their plight takes longer to be resolved. Therefore, from the perspective of persons born in danger zones, one is more likely to be a refugee in 2019 than in 2014, yet less likely to find a durable solution. Methodology: The study adopted a doctrinal methodology by exploring legislation and directives to identify whether these laws can address refugee issues. Novelty/originality of this study: Forced migration has received negative media coverage and politicians, especially right-wing parties, have used migrants as a scapegoat. This paper identifies some of the myths of migration to demonstrate that, if given the opportunity, migrants can contribute positively to economic growth and integrate with local communities

scholarly journals International Standards Regarding Protection of Children of Maltreatment

2021 ◽  
Vol 5 (2) ◽  
pp. 75-82
Author(s):  
Netkova BISTRA ◽  
Ismail ZEJNELI
Keyword(s):  
Child Abuse ◽  
International Law ◽  
Emotional Abuse ◽  
Health And Safety ◽  
Case Law ◽  
International Standards ◽  
The European Union ◽  
Global Problem ◽  
European Court ◽  
The Eu

Child abuse is protected by international law and acts and includes all types of physical, sexual and emotional abuse. Child abuse is a global problem with serious consequences throughout life, it is also a global problem with serious consequences for children and their families. In order to prevent this phenomenon, the awareness and consciousness of everyone (society, state) must be increased. Work on joint projects should include the UN, WHO, UNICEF, UNESCO, the EU and the CoE. Knowledge, legislation and ideas in protecting children's health belong to health and safety experts. The case law of the European Court of Human Rights and the Court of Justice of the European Union obliges states to include in their legislation the protection of children from all forms of ill-treatment.

The Eu Asylum Qualification Directive, Its Impact on the Jurisprudence of the United Kingdom And International Law

2006 ◽  
Vol 55 (1) ◽  
pp. 161-192 ◽  
Author(s):  
HéLène Lambert
Keyword(s):  
European Union ◽  
United Kingdom ◽  
International Law ◽  
Legal Order ◽  
Official Journal ◽  
The European Union ◽  
International Protection ◽  
Minimum Standards ◽  
The United Kingdom ◽  
The Eu

The new legal order in European asylum is being shaped by a key document: the Directive on minimum standards for the qualification and status of third-country nationals as refugees and persons otherwise in need of international protection and the content of the protection granted (hereinafter the Qualification Directive). The Qualification Directive was adopted by the Council of the European Union on 29 April 2004.2 It entered into force on 20 October 2004, that is 20 days after its publication in the Official Journal.3 The Member States have until 10 October 2006 to implement its provisions into national legislation.4 Meanwhile, they have a duty not to adopt measures contrary to it.5 For those countries that have already implemented the Qualification Directive, such as France,6 the judiciary will need to ensure compliance with it.7

Constitutional and Legal Restrictions in the European Union Countries in the Context of the COVID 19 Pandemic

2020 ◽  
pp. 92-97
Author(s):  
A. V. Kuznetsov
Keyword(s):  
European Union ◽  
Human Rights ◽  
Comparative Analysis ◽  
International Law ◽  
The European Union ◽  
Eu Countries ◽  
European Union Countries ◽  
Legal Restrictions ◽  
Restrictive Measures ◽  
The Eu

The article examines the norms of international law and the legislation of the EU countries. The list of main provisions of constitutional and legal restrictions in the European Union countries is presented. The application of the norms is described Human rights conventions. The principle of implementing legal acts in the context of the COVID-19 pandemic is considered. A comparative analysis of legal restrictive measures in the States of the European Union is carried out.

EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

2017 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
International Human Rights Law ◽  
Eu Law ◽  
Human Rights Law ◽  
Refugee Law ◽  
Functional Understanding ◽  
Scope Of Application ◽  
International Refugee Law ◽  
Border Controls ◽  
The Eu

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in international human rights law (IHRL) and international refugee law (IRL). Taking account of the prominent role of the ECHR and the Refugee Convention (CSR51) as sources of Article 19 CFR, these are the two main instruments taken in consideration. The scope of application of Articles 33 CSR51 and 3 ECHR will be identified in turns. Autonomous requirements of EU law will be determined by reference to the asylum acquis as interpreted by the CJEU. The main focus will be on the establishment of the territorial reach of EU non-refoulement. The idea that it may be territorially confined will be rejected. Drawing on the ‘Fransson paradigm’, a ‘functional’ understanding of the ‘implementation of EU law’ standard under Article 51 CFR will be put forward, as the decisive factor to determine applicability of Charter provisions. The implications of non-refoulement for the different measures of extraterritorial control considered in Part I will be delineated at the end.

A Union of Peoples

2020 ◽  
Author(s):  
Pavlos Eleftheriadis
Keyword(s):  
European Union ◽  
International Law ◽  
Political Theory ◽  
Domestic Institutions ◽  
Eu Law ◽  
The European Union ◽  
Rival Theory ◽  
Law Of Nations ◽  
Domestic Law ◽  
The Eu

This book offers a legal and political theory of the European Union. Many political and legal philosophers compare the EU to a federal union. They believe that its basic laws should be subject to the standards of constitutional law. They thus find it lacking or incomplete. This book offers a rival theory. If one looks more closely at the treaties and the precedents of the European courts, one sees that the substance of EU law is international, not constitutional. Just like international law, it applies primarily to the relations between states. It binds domestic institutions directly only when the local constitutions allow it. The member states have democratically chosen to adapt their constitutional arrangements in order to share legislative and executive powers with their partners. The legal architecture of the European Union is thus best understood under a theory of dualism and not pluralism. According to this internationalist view, EU law is part of the law of nations and its distinction from domestic law is a matter of substance, not form. This arrangement is supported by a cosmopolitan theory of international justice, which we may call progressive internationalism. The EU is a union of democratic peoples, that freely organize their interdependence on the basis of principles of equality and reciprocity. Its central principles are not the principles of a constitution, but cosmopolitan principles of accountability, liberty, and fairness,

On the Legality Under International Law of the Criminalization or Suppression of the Expression of Solidarity to Refugees

2020 ◽  
Vol 114 ◽  
pp. 102-113
Author(s):  
Obiora Chinedu Okafor
Keyword(s):  
International Law ◽  
Asylum Seekers ◽  
Legal Protection ◽  
Refugee Law ◽  
International Refugee Law

As Professor Jastram has noted, in and of itself, international refugee law is not explicit enough on the issue at hand. It is not clear enough in protecting persons who come in aid of, or show solidarity to, refugees or asylum-seekers. That does not mean, however, that no protections exist for them at all in other, if you like, sub-bodies of international law. This presentation focuses on the nature and character of those already existing international legal protections, as well as on any protection gaps that remain and recommendations on how they can be closed. It should be noted though that although the bulk of the presentation focuses on the relevant international legal protection arguments, this presentation begins with a short examination of the nature of the acts of criminalization and suppression at issue.

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