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This article starts with a review of asylum from a historical perspective and territorial asylum as an institution of international law. The author then looks at asylum as a matter of concern to the international community beginning at the end of World War 1, and the legal nature of asylum. More specifically, Mr Weis focuses on the principle of non-refoulement and the principle of the non-extradition of political offenders.
Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing of asylum-seekers. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. The book explores how refugee and human rights law has responded to the new measures adopted by states, and how states have sought cooperation with other actors in the context of migration control. The book defends the thesis that when European states attempt to control the movement of migrants outside their territories, they remain responsible under international law for protecting the rights of refugees as well as their general human rights. It also identifies how EU law governs and constrains the various types of pre-border migration enforcement employed by EU Member States, and examines how unfolding practices of external migration control conform with international law. This is a work which will be essential reading for scholars and practitioners of asylum and refugee law throughout Europe and the wider world. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.
Practices of immigration detention are largely resistant to conventional forms of legal correction because contemporary liberal democracies justify these practices with an appeal to their territorial sovereignty, a concept that thwarts the very communicability of individual interests in modern constitutionalism. However, this book argues that human rights in the specific context of immigration detention can function as “destabilisation rights”, subjecting to full legal scrutiny those claims that the national state presents as predominantly based on its territorial sovereignty. The resulting destabilisation of territorial sovereignty in both domestic and international constitutionalism will have ramifications for a number of instruments of migration control, the perceived necessity and legitimacy of which is almost exclusively based on the self-referential notion of territorial sovereignty.
Dramatic scenes of exodus are played out every day on European soil: refugees stream out of Albania, there are displaced populations in the Caucasus & in the former Yugoslavia. Central & eastern Europe, once a land of emigration, has now become a region of both transit & refugee settlement. Guy S. Goodwin-Gill, a specialist in refugee law, appeals for a more effective application of existing international laws & instruments on refugees. Together with the Council of Europe, Mr Goodwin-Gill asks that European countries share the "refugee burden" more equitably, thus assuring decent living conditions for people fleeing from war, persecution & poverty.
The Centre for Migration Studies organizes an annual Conference on immigration and refugee policy in the United States. In 1982, the Conference focused on refugees and territorial asylum. This book contains 19 papers which were presented at the Conference. The papers have been abstracted separately.
This book collects Professor Atle Grahl-Madsen's essays on refugee law and policy in a single volume, including commentary on the principles of refugee law and on important refugee crisis situations. Arranged in chronological order, the compilation of work contains all the author's scholarly English language articles dedicated to the needs and rights of refugees and asylum seekers. The republication of these articles makes an important part of Atle Grahl-Madsen's written work more easily accessible than before. The objective of the book is to provide a new perspective on Grahl-Madsen's approach, his ideas and the results of his research and thinking. As the United Nations High Commissioner for Refugees, Mrs Sadako Ogata, has stated in the foreword: `The timelessness of Professor Grahl-Madsen's writings stems from his conscientious and comprehensive research and his clarity of thought as an analyst His dedication and precision should serve as both an inspiration and aspiration to all who work to defend the rights of the displaced.' The collection shows the extent and quality of Atle Grahl-Madsen's legacy in the field of refugee law and human rights, and demonstrates the diversity of the subject of international refugee law and its relevance to the world in which we live.