The Challenge Of Asylum To Legal Systems

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The Challenge of Asylum to Legal Systems

Author : Prakash Shah
Publisher : Taylor & Francis
ISBN 13 : 1000158349
Total Pages : 496 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis The Challenge of Asylum to Legal Systems by : Prakash Shah

Download or read book The Challenge of Asylum to Legal Systems written by Prakash Shah and published by Taylor & Francis. This book was released on 2020-07-26 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of papers presenting critical perspectives in the development of asylum law with a focus on European and UK developments, incorporating international human rights law and comparative law perspectives. Issues covered range from law-making at the EU level, with a particular focus on extra-territorial processing of refugees claims, asylum procedures, family members of those in need of protection, welfare benefits and impact of national level on the reception of EU norms. Domestic and comparative perspectives offered include discussions on detention, judicial decision-making, appeal rights, claims processing with particular reference to the role of interpreters and developments in Australia which have provided a model of thought worthy of emulation in the UK.

Migration, Diasporas and Legal Systems in Europe

Author : Prakash Shah
Publisher : Taylor & Francis
ISBN 13 : 1000158373
Total Pages : 471 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Migration, Diasporas and Legal Systems in Europe by : Prakash Shah

Download or read book Migration, Diasporas and Legal Systems in Europe written by Prakash Shah and published by Taylor & Francis. This book was released on 2020-09-10 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: At a time when issues concerning migration and the formation of diasporic communities have come to be critical for all European legal systems, this volume reflects, discusses and analyzes the questions raised by diasporas who have established themselves in Europe over more than fifty years of immigration and the challenges faced by legal systems in the light of continued migration. Contributors from a broad range of backgrounds address prominent issues ranging from legal pluralism among minorities, pressures on EU accession states, irregular migration, state control of family reunification and formation in light of human rights laws, challenges for citizenship and nationality laws and the implementation of visa rules and juxtaposed control zones. Besides the EU as a supranational legal order, the book contains discussion of conditions in the United Kingdom, Ireland, France, Spain, Gibraltar, Morocco, Greece, Turkey and Lithuania. This volume accompanies The Challenge of Asylum to Legal Systems and is the second book to emerge from the W.G Hart Legal Workshop held in 2004 at London's Institute for Advanced Legal Studies.

Reforming the Common European Asylum System

Author : Vincent Chetail
Publisher : BRILL
ISBN 13 : 9004308660
Total Pages : 549 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Reforming the Common European Asylum System by : Vincent Chetail

Download or read book Reforming the Common European Asylum System written by Vincent Chetail and published by BRILL. This book was released on 2016-02-15 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book, edited by Vincent Chetail, Philippe De Bruycker and Francesco Maiani, is aimed at analysing the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. The overall objective and key added value of this volume are to provide a comprehensive and critical account of the recast instruments governing asylum law and policy in the European Union. This book is the outcome of the 7th Congress of the Academic Network for Legal Studies on Immigration and Asylum in Europe held in Brussels in 2014. Contributors are: Hemme Battjes, Céline Bauloz, Ulrike Brandl, Vincent Chetail, Cathryn Costello, Philippe De Bruycker, Madeline Garlick, Elspeth Guild, Emily Hancox, Lyra Jakuleviciene, Francesco Maiani, Barbara Mikołajczyk, Géraldine Ruiz, Evangelia (Lilian) Tsourdi, Patricia Van De Peer and Jens Vedsted-Hansen.

Exploring the Boundaries of Refugee Law

Author : Jean-Pierre Gauci
Publisher : Hotei Publishing
ISBN 13 : 9004265589
Total Pages : 355 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Exploring the Boundaries of Refugee Law by : Jean-Pierre Gauci

Download or read book Exploring the Boundaries of Refugee Law written by Jean-Pierre Gauci and published by Hotei Publishing. This book was released on 2015-04-14 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: Protection challenges around the globe require innovative legal, policy and practical responses. Drawing primarily from a new generation of researchers in the field of refugee law, this volume explores the ‘boundaries’ of refugee law. On the one hand, it ascertains the scope of the legal provisions by highlighting new trends in State practice and analysing the jurisprudence of international human rights bodies, as well as national and international Courts. On the other hand, it marks the boundaries of refugee law as ‘legal frontiers’ whilst exploring new approaches and new frameworks that are necessary in order to address the emerging protection challenges.

Protracted Refugee Situations

Author : Gil Loescher
Publisher : Taylor & Francis
ISBN 13 : 9780415382984
Total Pages : 100 pages
Book Rating : 4.3/5 (829 download)

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Book Synopsis Protracted Refugee Situations by : Gil Loescher

Download or read book Protracted Refugee Situations written by Gil Loescher and published by Taylor & Francis. This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.

Refugees, Asylum Seekers and the Rule of Law

Author : Susan Kneebone
Publisher : Cambridge University Press
ISBN 13 : 0521889359
Total Pages : 357 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Refugees, Asylum Seekers and the Rule of Law by : Susan Kneebone

Download or read book Refugees, Asylum Seekers and the Rule of Law written by Susan Kneebone and published by Cambridge University Press. This book was released on 2009-03-19 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: An assessment of the impact of asylum on the integrity of the rule of law in five common law jurisdictions.

Asylum Determination in Europe

Author : Nick Gill
Publisher : Springer
ISBN 13 : 3319947494
Total Pages : 346 pages
Book Rating : 4.3/5 (199 download)

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Book Synopsis Asylum Determination in Europe by : Nick Gill

Download or read book Asylum Determination in Europe written by Nick Gill and published by Springer. This book was released on 2018-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on new research material from ten European countries, Asylum Determination in Europe: Ethnographic Perspectives brings together a range of detailed accounts of the legal and bureaucratic processes by which asylum claims are decided.The book includes a legal overview of European asylum determination procedures, followed by sections on the diverse actors involved, the means by which they communicate, and the ways in which they make life and death decisions on a daily basis. It offers a contextually rich account that moves beyond doctrinal law to uncover the gaps and variances between formal policy and legislation, and law as actually practiced. The contributors employ a variety of disciplinary perspectives - sociological, anthropological, geographical and linguistic - but are united in their use of an ethnographic methodological approach. Through this lens, the book captures the confusion, improvisation, inconsistency, complexity and emotional turmoil inherent to the process of claiming asylum in Europe.

The Arc of Protection

Author : T. Alexander Aleinikoff
Publisher : Stanford University Press
ISBN 13 : 1503611426
Total Pages : 129 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis The Arc of Protection by : T. Alexander Aleinikoff

Download or read book The Arc of Protection written by T. Alexander Aleinikoff and published by Stanford University Press. This book was released on 2019-10-01 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.

European Asylum Law and the Rights of the Child

Author : Ciara Smyth
Publisher : Routledge
ISBN 13 : 113512020X
Total Pages : 262 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis European Asylum Law and the Rights of the Child by : Ciara Smyth

Download or read book European Asylum Law and the Rights of the Child written by Ciara Smyth and published by Routledge. This book was released on 2014-07-11 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: The child asylum seeker poses unique challenges for reception and refugee status determination systems, not least because the child is entitled to have his or her rights as a child respected as a matter of international and regional human rights law. In the last decade the European Union has increasingly engaged with children’s rights, with the entry into force of the Lisbon Treaty in December 2009, and a new Article 3(3) of the Treaty on European Union that commits the Union to promoting the ‘protection of the rights of the child.’ This book addresses the question of whether the Common European Asylum System (CEAS) complies with the rights of the child. It contrasts the normative standards of international child rights law with the treatment of child asylum seekers and refugees in the CEAS. Ciara Smyth identifies the attributes of the rights of the child that are most relevant to the asylum context and systematically examines whether and to what extent those attributes are reflected in the CEAS legislation. The book goes on to assess whether the CEAS instruments direct Member States to comply with the rights of the child, offering a comprehensive examination of the place of the child within European asylum law and policy. The book will be of great use and interest to scholars and students of international law, immigration and children’s rights studies.

Refuge Lost

Author : Daniel Ghezelbash
Publisher : Cambridge University Press
ISBN 13 : 1108425259
Total Pages : 227 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Refuge Lost by : Daniel Ghezelbash

Download or read book Refuge Lost written by Daniel Ghezelbash and published by Cambridge University Press. This book was released on 2018-02-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.

The Oxford Handbook of Postwar European History

Author : Dan Stone
Publisher : Oxford University Press
ISBN 13 : 0199560986
Total Pages : 796 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis The Oxford Handbook of Postwar European History by : Dan Stone

Download or read book The Oxford Handbook of Postwar European History written by Dan Stone and published by Oxford University Press. This book was released on 2012-05-17 with total page 796 pages. Available in PDF, EPUB and Kindle. Book excerpt: The postwar period is no longer current affairs but is becoming the recent past. As such, it is increasingly attracting the attentions of historians. Whilst the Cold War has long been a mainstay of political science and contemporary history, recent research approaches postwar Europe in many different ways, all of which are represented in the 35 chapters of this book. As well as diplomatic, political, institutional, economic, and social history, the The Oxford Handbook of Postwar European History contains chapters which approach the past through the lenses of gender, espionage, art and architecture, technology, agriculture, heritage, postcolonialism, memory, and generational change, and shows how the history of postwar Europe can be enriched by looking to disciplines such as anthropology and philosophy. The Handbook covers all of Europe, with a notable focus on Eastern Europe. Including subjects as diverse as the meaning of 'Europe' and European identity, southern Europe after dictatorship, the cultural meanings of the bomb, the 1968 student uprisings, immigration, Americanization, welfare, leisure, decolonization, the Wars of Yugoslav Succession, and coming to terms with the Nazi past, the thirty five essays in this Handbook offer an unparalleled coverage of postwar European history that offers far more than the standard Cold War framework. Readers will find self-contained, state-of-the-art analyses of major subjects, each written by acknowledged experts, as well as stimulating and novel approaches to newer topics. Combining empirical rigour and adventurous conceptual analysis, this Handbook offers in one substantial volume a guide to the numerous ways in which historians are now rewriting the history of postwar Europe.

Regional Approaches to the Protection of Asylum Seekers

Author : Professor Ademola Abass
Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1409474585
Total Pages : 409 pages
Book Rating : 4.4/5 (94 download)

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Book Synopsis Regional Approaches to the Protection of Asylum Seekers by : Professor Ademola Abass

Download or read book Regional Approaches to the Protection of Asylum Seekers written by Professor Ademola Abass and published by Ashgate Publishing, Ltd.. This book was released on 2014-03-28 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.

Whose Freedom, Security and Justice?

Author : Anneliese Baldaccini
Publisher : Bloomsbury Publishing
ISBN 13 : 1847317944
Total Pages : 897 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Whose Freedom, Security and Justice? by : Anneliese Baldaccini

Download or read book Whose Freedom, Security and Justice? written by Anneliese Baldaccini and published by Bloomsbury Publishing. This book was released on 2007-06-28 with total page 897 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together contributions from some of the leading authorities in the field of EU immigration and asylum law to reflect upon developments since the Amsterdam Treaty and, particularly, the Tampere European Council in 1999. At Tampere, Heads of State and Government met to set guidelines for the implementation of the powers and competences introduced by the Amsterdam Treaty and make the development of the Union as an area of freedom, security and justice a reality. Since 1999, a substantial body of law and policy has developed, but the process has been lengthy and the results open to critique. This book presents a series of analyses of and reflections on the major legal instruments and policy themes, with the underlying question, to what extent the ideals held out of 'freedom, security and justice accessible to all', are in fact reflected in these legislative and policy developments. Has freedom from terrorism and the spectre of illegal or irregular migration, and increasingly strict border securitisation and surveillance overshadowed the freedom of the migrant to seek entry or residence for legitimate touristic, work, study, or family reasons, a secure refuge from persecution, and effective access to justice? In 2004, the Heads of State and Government presented a programme for the next stage of development in these areas, the Hague Programme, and the Directives and Regulations that have been agreed are now being transposed and applied in Member States legal systems. What are the main challenges in the years ahead as the Hague Programme and the existing legislative acquis are implemented?

Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts

Author : Samantha Velluti
Publisher : Springer Science & Business Media
ISBN 13 : 3642402674
Total Pages : 118 pages
Book Rating : 4.6/5 (424 download)

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Book Synopsis Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts by : Samantha Velluti

Download or read book Reforming the Common European Asylum System — Legislative developments and judicial activism of the European Courts written by Samantha Velluti and published by Springer Science & Business Media. This book was released on 2013-09-30 with total page 118 pages. Available in PDF, EPUB and Kindle. Book excerpt: In June 2013, after lengthy and complex negotiations the EU adopted the recast “asylum package” which represents a significant step forward in the future development of CEAS. In this timely study Velluti provides fresh insights into recent legislative and judicial developments in asylum and through the “lens” of sovereignty she looks at some of the contemporary challenges faced by the EU protection regime, with a particular focus on asylum-seekers’ rights. The volume assesses whether the EU provides an adequate framework for protecting those seeking international protection from the opposing perspectives of effectiveness and fairness. It shows that, despite the newly adopted “second-generation” legislative acts which include changes aimed at ensuring a stronger level of protection for asylum-seekers, the reform process at European level does not adequately ensure an equal standard of protection across all Member States. Through a comparative analysis of selected ECtHR and ECJ asylum cases the book also examines the constitutional relationship between the two European Courts and how it impacts on the human rights of asylum-seekers and on the future of EU asylum law. Ultimately, the book shows that real progress in the development of the human rights dimension of CEAS will be achieved largely through the European and domestic courts.

Securitising Asylum Flows

Author : Valsamis Mitsilegas
Publisher : BRILL
ISBN 13 : 9004396810
Total Pages : 350 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Securitising Asylum Flows by : Valsamis Mitsilegas

Download or read book Securitising Asylum Flows written by Valsamis Mitsilegas and published by BRILL. This book was released on 2020-04-20 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the past few years, the considerable influx of refugees to the EU has led to a profound reconceptualisation of its immigration control strategy, with emphasis on the co-option of new partners, such as the private sector or third countries, and the prevention of movement through extraterritorial controls. The externalisation of immigration control has also been increasingly linked with the securitisation and criminalisation of asylum, particularly in the form of tackling human smuggling to which those in need usually resort to. This edited volume that comprises of contributions by both legal scholars and practitioners, provides a multi-faceted overview of these legal responses and examines their implications from a human rights and rule of law perspective.

Participants in the International Legal System

Author : Jean d'Aspremont
Publisher : Routledge
ISBN 13 : 1136724923
Total Pages : 748 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Participants in the International Legal System by : Jean d'Aspremont

Download or read book Participants in the International Legal System written by Jean d'Aspremont and published by Routledge. This book was released on 2011-04-20 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: The international legal system has weathered sweeping changes over the last decade as new participants have emerged. International law-making and law-enforcement processes have become increasingly multi-layered with unprecedented numbers of non-State actors, including individuals, insurgents, multinational corporations and even terrorist groups, being involved. This growth in the importance of non-State actors at the law-making and law-enforcement levels has generated a lot of new scholarly studies on the topic. However, while it remains uncontested that non-State actors are now playing an important role on the international plane, albeit in very different ways, international legal scholarship has remained riddled by controversy regarding the status of these new actors in international law. This collection features contributions by renowned scholars, each of whom focuses on a particular theory or tradition of international law, a region, an institutional regime or a particular subject-matter, and considers how that perspective impacts on our understanding of the role and status of non-State actors. The book takes a critical approach as it seeks to gauge the extent to which each conception and understanding of international law is instrumental in the perception of non-State actors. In doing so the volume provides a wide panorama of all the contemporary legal issues arising in connection with the growing role of non-state actors in international-law making and international law-enforcement processes.

EU Justice and Home Affairs Law Volume 1: EU Immigration and Asylum Law

Author : Steve Peers
Publisher : Oxford University Press
ISBN 13 : 0198890230
Total Pages : 657 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis EU Justice and Home Affairs Law Volume 1: EU Immigration and Asylum Law by : Steve Peers

Download or read book EU Justice and Home Affairs Law Volume 1: EU Immigration and Asylum Law written by Steve Peers and published by Oxford University Press. This book was released on 2023-10-26 with total page 657 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Asylum and Immigration Law sets out the institutional framework and offers comprehensive coverage and analysis of EU legislation and case law as they relate to immigration, asylum, visas, and border controls. Fully updated to include a significant volume of new case law and legislation between 2015 and 2023, this volume includes detailed commentary on the law relating to qualification as a refugee, forms of protection, the treatment of refugees and asylum seekers (including the Dublin rules allocating asylum seekers between Member States), the Schengen rules on borders, EU security databases, Frontex, as well as all aspects of legal migration, expulsion and readmission, and immigration detention. The new edition addresses the human rights issues arising in these areas and the ongoing developments of the law, including discussion of proposed new legislation and the use of new or expanded EU border control databases. Steve Peers' seminal text, EU Justice and Home Affairs Law, appears in its fifth edition and is available in two separate volumes covering asylum and immigration law and criminal law, policing, and civil law. This edition is the definitive guide to these intricate, contentious, and fast-developing areas of EU law, and will be invaluable to scholars, practitioners, and students in the field.