Negotiating Asylum: The Eu Acquis, Extraterritorial Protection and the Common Market of Deflection
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.
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UNIVERSALISM VERSUS PARTICULARISM
EUROPEAN INTEGRATION AND EXTRATERRITORIAL
How is access o Extraterritorial Protection
ACCESS TO FULLFLEDGED PROCEDURES UNDER
regulated in the Access to FullFledged Procedures
INTERPRETING HARD CASES
Is the EU acquis in Extraterritorial Protection 10 Interpreting Hard Cases
International Law? 11 Delimiting and Justifying Protection
Three Conflict Zones
INSTRUMENTS AND DOCUMENTS RELATED TO THE
1951 Refugee Convention acquis adopted allocation Amsterdam Treaty application for asylum argument Article 3 ECHR asylum applications Asylum Procedures asylum seekers beneficiaries binding burden burden-sharing candidate countries chapter claim claimant co-operation Community competence concept conflict context Contracting Parties Council country of origin Court decision determinacy displaced persons domestic Draft Dublin Convention EC law ECtHR entry Eurodac European Commission European Union external borders extraterritorial protection framework Geneva German harmonisation human rights ICCPR immigration implementation individual instruments international law interpretation issue Joint Action Joint Position Kosovo limited manifestly unfounded measures Member migration nationals non-refoulement norms obligations particularist persecution policies political principle prohibition of refoulement Proposal protection seekers provisions question readmission agreements refugee law regard relevant Resolution responsibility risk safe third country scope sharing soft law Spanish Protocol subsidiarity temporary protection territory Treaty of Amsterdam UDHR UNHCR Union law universalist violations visa requirements