Negotiating Asylum: The Eu Acquis, Extraterritorial Protection and the Common Market of Deflection

Cover
Gregor Noll
Martinus Nijhoff Publishers, 23.08.2000 - 643 Seiten
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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Inhalt

PARTI
1
UNIVERSALISM VERSUS PARTICULARISM
73
Systems
97
PART II
116
EUROPEAN INTEGRATION AND EXTRATERRITORIAL
117
How is access o Extraterritorial Protection
161
ACCESS TO FULLFLEDGED PROCEDURES UNDER
213
regulated in the Access to FullFledged Procedures
233
INTERPRETING HARD CASES
393
Is the EU acquis in Extraterritorial Protection 10 Interpreting Hard Cases
421
International Law? 11 Delimiting and Justifying Protection
453
Three Conflict Zones
475
PARTV
559
A Summary
593
CASES
599
INSTRUMENTS AND DOCUMENTS RELATED TO THE
605

SHARING THE BURDEN?
263
INTERNATIONAL LAW AND EXTRATERRITORIAL
353
PART III
376

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