Expulsion To Face Torture Non Refoulement In International Law PDF Download

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Expulsion to Face Torture? Non-Refoulement in International Law

Expulsion to Face Torture? Non-Refoulement in International Law
Author: Aoife Duffy
Publisher:
Total Pages:
Release: 2010
Genre:
ISBN:

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Non-refoulement is a principle of international law that precludes states from returning a person to a place where he or she might be tortured or face persecution. The principle, codified in Article 33 of the 1951 Refugee Convention, is subject to a number of exceptions. This article examines the status of non-refoulement in international law in respect to three key areas: refugee law, human rights law and international customary law. The findings suggest that while a prohibition on refoulement is part of international human rights law and international customary law, the evidence that non-refoulement has acquired the status of a jus cogens norm is less than convincing.


Non-expulsion and Non-refoulement

Non-expulsion and Non-refoulement
Author: Gunnel Stenberg
Publisher:
Total Pages: 320
Release: 1989
Genre: Law
ISBN:

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General criticism. 11. Recent development.


The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

The Principle of Non-Refoulement under the ECHR and the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Author: Eman Hamdan
Publisher: BRILL
Total Pages: 414
Release: 2016-05-23
Genre: Law
ISBN: 9004319395

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In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.


Frontex and Non-Refoulement

Frontex and Non-Refoulement
Author: Roberta Mungianu
Publisher: Cambridge University Press
Total Pages: 275
Release: 2016-08-18
Genre: Law
ISBN: 1316790827

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Since the Frontex Border Agency's establishment in 2004, its activities have foregrounded the complexity and difficulty of protecting the human rights of those seeking access to the European Union. In this connection, protection from refoulement should be paramount in the Agency's work. By navigating through the intricacies of Frontex's structure and working methods, this book answers abiding questions: which circumstances would trigger European Union responsibility if violations were to occur in Frontex's joint operations? What is the legal standing of the principle of non-refoulement in relation to Frontex's activities? Can Frontex be entrusted with an exclusive search and rescue mandate? This book offers a theoretical and practical insight into the legislative intricacies of Frontex's work, examining the responsibility of the EU, and scrutinising the interaction of international law and EU law with a focus on the principle of non-refoulement.


The Practice of Shared Responsibility in International Law

The Practice of Shared Responsibility in International Law
Author: André Nollkaemper
Publisher: Cambridge University Press
Total Pages: 1229
Release: 2017-02-02
Genre: Law
ISBN: 1107107091

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This book reviews the practice of shared responsibility in multiple issue areas of international law, to assess its application and development.


International Legal Standards for the Protection from Refoulement

International Legal Standards for the Protection from Refoulement
Author: Cornelis Wolfram Wouters
Publisher:
Total Pages: 0
Release: 2009
Genre: Asylum, Right of
ISBN: 9789050958769

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Every year, millions of people are seeking protection in countries other than their own for fear of being tortured, persecuted, or killed. Finding protection is not easy. States are closely guarding their borders, making it difficult for aliens to seek protection from serious harm. No matter where they are or why they flee, people seeking international protection are vulnerable and insecure - in dire need of knowing, understanding, and receiving their rights. This book explores the basic right of every forcibly-displaced person to be protected from refoulement (forced return). The prohibition of refoulement is the cornerstone of international refugee and asylum law and aims to provide protection to people at risk of persecution, torture, inhuman treatment, or other human rights violations upon return to their own country. This book provides a comprehensive legal analysis of prohibitions of refoulement contained in four human rights treaties - the Refugee Convention, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, and the Convention against Torture. The emphasis of the analysis is on the international meaning of the prohibitions of refoulement and on the responsibilities of States deriving from these prohibitions. The four treaties are analyzed in separate chapters. The final chapter compares the prohibitions of refoulement contained in the four investigated treaties. This book will be an important resource for legal scholars, students, and practitioners working with asylum seekers and refugees throughout the world. It is also a reminder for States which have obliged themselves to protect people from becoming victims of unspeakable atrocities.


Exclusion from Protection as a Refugee

Exclusion from Protection as a Refugee
Author: Yao Li
Publisher: BRILL
Total Pages: 395
Release: 2017-09-11
Genre: Law
ISBN: 900434974X

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In Exclusion from Protection as a Refugee, Yao Li analyses Article 1F of the 1951 Refugee Convention. She argues that the exclusion clause is a quasi-punitive provision and must therefore be interpreted with due regard to (International) Criminal Law. Having developed an interpretation approach to consider external legal notions, Li provides a solution for all the relevant issues in the context of Article 1F, based on a “harmonizing interpretation”. The study therefore not only comprehensively examines the exclusion clause at the intersection of International Refugee Law and International Criminal Law, but also contributes to anti-fragmentation efforts in International Law.


The Refugee in International Law

The Refugee in International Law
Author: Guy S. Goodwin-Gill
Publisher: Oxford University Press
Total Pages: 847
Release: 2007
Genre: Art
ISBN: 0199281300

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Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.


The Oxford Handbook of International Refugee Law

The Oxford Handbook of International Refugee Law
Author: Cathryn Costello
Publisher: Oxford University Press
Total Pages: 1337
Release: 2021
Genre: Law
ISBN: 0198848633

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This Handbook draws together leading and emerging scholars to provide a comprehensive critical analysis of international refugee law. This book provides an account as well as a critique of the status quo, setting the agenda for future research in the field.


Temporary Protection in Law and Practice

Temporary Protection in Law and Practice
Author: Meltem Ineli-Ciger
Publisher: BRILL
Total Pages: 297
Release: 2018-01-09
Genre: Law
ISBN: 9004327533

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Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.