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Asylum law in the European Union is ripe with caveats that allow authorities to reject asylum applications due to 'protection' received in the home country or another location. But what does 'protection' mean in this context? And when is it strong enough to make denying an application lawful? Departing from the notion that refugee status is a "surrogate" for lacking protection at home, Julian M. Lehmann investigates the interplay of international law and European Union law on protection against harm by non-state actors, the Internal Protection Alternative concept, and asylum in third countries en route to the European Union. Lehmann demonstrates how conflating these concepts risks equating international protection with mere safety, which stands in contrast to the very purpose of refugee law.
Refugees --- Asylum, Right of --- Asylum, Right of. --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation
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Asylum, right of --- Asylum, Right of --- -Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Legal status, laws, etc. --- Asylum, right of - France
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Sidorenko analyses and evaluates the state of affairs of the Common European Asylum System (CEAS). The conclusions of the European Council meeting of Tampere are taken as a 'measuring instrument' to assess the current developments of the CEAS. The implementation in practice of the EU asylum legislation is also evaluated. For this purpose, the implications of the CEAS at a national level in an EU Member State are analysed. Slovakia, a new Member State, was chosen as an example due to its geographical location at the EU external border and the high number of asylum applicants present in this country. By examining EU and national asylum law against the background of international law (the 1951 Geneva Convention Relating to the Status of Refugees), a well-balanced critique of the CEAS is offered which provides views and expectations concerning its future direction.
European law --- Law of armed conflicts. Humanitarian law --- European Union --- Asylum, Right of --- Political refugees --- Legal status, laws, etc. --- Asylum seekers --- Refugees, Political --- Refugees --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc --- Law and legislation --- Asylum, Right of - European Union countries. --- Asylum, Right of - Slovakia.
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This collection examines the evolving refugee definition, the contrast of the rights of refugees as set out in international law with the often contrasting realities of state practice. It also assesses the role of UNHCR, states and the EU in developing the evolving international refugee regime.
Asylum, Right of. --- Political refugees --- Legal status, laws, etc. --- Asielrecht --- Asile (Droit international) --- Asile [Droit d' ] --- Asile diplomatique --- Asile politique --- Asylum [Right of ] --- Droit d'asile --- Right of asylum --- Sanctuary (Law) --- Asylum, Right of --- Refugees --- Defection --- Deportation --- Extradition --- Law and legislation --- Political refugees - Legal status, laws, etc.
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Refugees --- Asylum, Right of --- Réfugiés --- Droit d'asile --- Legal status, laws, etc. --- Government policy --- Droit --- Politique gouvernementale --- Legal status, laws, etc --- Asylum, Right of. --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Government policy. --- Law and legislation --- Réfugiés --- Refugees - Legal status, laws, etc --- Refugees - Government policy
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Asylum, Right of --- Constitutional law --- -Constitutional law --- Constitutional limitations --- Constitutionalism --- Constitutions --- Limitations, Constitutional --- Public law --- Administrative law --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Interpretation and construction --- Law and legislation --- Legal status, laws, etc. --- -Asylum, Right of --- Droit d'asile --- Droit constitutionnel --- Comparative law --- Droit comparé
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Asylum has become a highly charged political issue across developed countries, raising a host of difficult ethical and political questions. What responsibilities do the world's richest countries have to refugees arriving at their borders? Are states justified in implementing measures to prevent the arrival of economic migrants if they also block entry for refugees? Is it legitimate to curtail the rights of asylum seekers to maximize the number of refugees receiving protection overall? This book draws upon political and ethical theory and an examination of the experiences of the United States, Germany, the United Kingdom and Australia to consider how to respond to the challenges of asylum. In addition to explaining why asylum has emerged as such a key political issue in recent years, it provides a compelling account of how states could move towards implementing morally defensible responses to refugees.
Asylum, Right of. --- Refugees --- Government policy. --- Legal status, laws, etc. --- Asylum, Right of --- Droit d'asile --- Réfugiés --- Government policy --- Politique gouvernementale --- Droit --- Social Sciences --- Political Science --- Refugees - Government policy. --- Refugees - Legal status, laws, etc. --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Law and legislation --- Sociology of minorities --- International private law
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Contributors to this volume examine how the legislative, executive and administrative arms of government have responded to issues concerning the rights and status of refugees and asylum seekers in five common law jurisdictions: the UK, Australia, Canada, the USA and New Zealand. Who and what determines the legislative agenda in this context? Is the legislative agenda driven by the legislators or by the executive? Where does the 'community' fit into this picture? Together the essays explain the international context for the responses of the jurisdictions, evaluate the responses from a human rights perspective and assess the integrity and coherency of legal responses as shown by their impact on the rule of law.
Asylum, Right of. --- Refugees --- Rule of law. --- Supremacy of law --- Administrative law --- Constitutional law --- Asylum, Right of --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation --- Rule of law --- Legal status, laws, etc --- Law --- General and Others --- Refugees - Legal status, laws, etc --- Royaume-Uni --- Australie --- Canada --- Etats-Unis --- Nouvelle-Zélande
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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.
Asylum, Right of --- Refugees --- Displaced persons --- Persons --- Aliens --- Deportees --- Exiles --- Right of asylum --- Sanctuary (Law) --- Defection --- Deportation --- Extradition --- Legal status, laws, etc. --- Law and legislation --- Asylum, Right of - European Union countries - Congresses --- Refugees - Legal status, laws, etc. - European Union countries - Congresses
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Asylum, Right of --- Political refugees --- Congresses --- Legal status, laws, etc --- Right of asylum --- Sanctuary (Law) --- Refugees --- Defection --- Deportation --- Extradition --- Asylum seekers --- Refugees, Political --- Law and legislation --- Legal status, laws, etc. --- Political refugees - Legal status, laws, etc. - Congresses. --- Asylum, Right of - Congresses.
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