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Negotiating Asylum:The Eu Acquis, Extraterritorial Protection and the Commonmarket of Deflection (Raoul Wallenberg Institute Human Rights Library, 6... Institute Human Rights Library, 6.) [Hardcover]

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Item description for Negotiating Asylum:The Eu Acquis, Extraterritorial Protection and the Commonmarket of Deflection (Raoul Wallenberg Institute Human Rights Library, 6... Institute Human Rights Library, 6.) by Gregory Noll...

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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Item Specifications...


Studio: Springer
Pages   372
Est. Packaging Dimensions:   Length: 9.5" Width: 6.4" Height: 1.5"
Weight:   2.6 lbs.
Binding  Hardcover
Release Date   Aug 23, 2000
Publisher   Springer
ISBN  9041114319  
ISBN13  9789041114310  


Availability  0 units.


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Product Categories

1Books > Special Features > Substores > jp-unknown3
2Books > Subjects > Law > Administrative Law > Emigration & Immigration
3Books > Subjects > Law > Constitutional Law > Human Rights
4Books > Subjects > Law > General
5Books > Subjects > Law > International Law
6Books > Subjects > Nonfiction > Current Events > Civil Rights & Liberties
7Books > Subjects > Nonfiction > Social Sciences > Emigration & Immigration
8Books > Subjects > Professional & Technical > Law > International Law



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