| id |
oapen-20.500.12657-48335
|
| record_format |
dspace
|
| spelling |
oapen-20.500.12657-483352021-04-22T17:44:43Z Negotiating Asylum Noll, Gregor International human rights law bic Book Industry Communication::L Law::LB International law::LBB Public international law::LBBR International human rights law How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe. 2021-04-22T15:02:43Z 2021-04-22T15:02:43Z 2000 book ONIX_20210422_9789004461543_43 9789004461543 9789041114310 https://library.oapen.org/handle/20.500.12657/48335 eng The Raoul Wallenberg Institute Human Rights Library application/pdf Attribution-NonCommercial 4.0 International 9789004461543.pdf https://brill.com/abstract/title/10731 Brill Brill | Nijhoff 10.1163/9789004461543 10.1163/9789004461543 af16fd4b-42a1-46ed-82e8-c5e880252026 9789004461543 9789041114310 Brill | Nijhoff 6 644 open access
|
| institution |
OAPEN
|
| collection |
DSpace
|
| language |
English
|
| description |
How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
|
| title |
9789004461543.pdf
|
| spellingShingle |
9789004461543.pdf
|
| title_short |
9789004461543.pdf
|
| title_full |
9789004461543.pdf
|
| title_fullStr |
9789004461543.pdf
|
| title_full_unstemmed |
9789004461543.pdf
|
| title_sort |
9789004461543.pdf
|
| publisher |
Brill
|
| publishDate |
2021
|
| url |
https://brill.com/abstract/title/10731
|
| _version_ |
1771297592793104384
|
