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

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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
and Justiciability Advantages
49
Determinants of Protection
69
UNIVERSALISM VERSUS PARTICULARISM
73
DETERMINANTS OF PROTECTION SYSTEMS
97
ACCESS TO TERRITORY UNDER THE EU ACQUIS
161
ACCESS TO FULLFLEDGED PROCEDURES UNDER
213
ACCESS TO PROTECTION UNDER THE EU ACQUIS
233
Is the EU acquis in Extraterritorial Protection 10 Interpreting Hard Cases
421
DELIMITING AND JUSTIFYING PROTECTION UNDER
453
THREE CONFLICT ZONES
475
PART V
501
Demos Determinacy
559
A Summary
593
CASES
599
INSTRUMENTS AND DOCUMENTS RELATED TO THE
605

SHARING THE BURDEN?
263
INTERNATIONAL LAW AND EXTRATERRITORIAL
353
INTERPRETING HARD CASES
393

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