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The Collective Responsibility of States to Protect Refugees
Agnès Hurwitz
386 pages
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234x156mm
978-0-19-927838-1
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Hardback
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27 August 2009
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- Charts the development of international refugee law and policy, beginning in the 1970s and continuing right up to the modern outsourcing of regional and offshore refugee schemes
- Offers an up-to-date policy and case law analysis of safe third country practices under public international law
- Critically analyses the mechanisms and arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis by arguing for stronger international accountability mechanisms
In managing the growing number of refugees arriving in the industrialised world, beginning at the end of the 1970s, States have devised increasingly restrictive policies. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, while international co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of transnational policies aimed
at containing refugee flows, primarily on the European continent. The convoluted refugee routes - often described as 'secondary' or 'irregular' movements of refugees between countries of origin and their final destination - have been among States' major preoccupations. To combat what they often perceive to be proof of the fraudulent or manifestly unfounded nature of asylum claims, European States have passed legislation or agreed on international instruments designed to allocate and even evade responsibility for the examination of asylum applications. Even bolder solutions have been advocated more recently, such as the outsourcing of asylum procedures through regional or offshore schemes.
This book presents a critical legal analysis of the mechanisms and
arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis afflicting the global refugee regime. After providing a comprehensive breakdown of the various legal tools used by States to combat secondary refugee movements, the book argues that, while the legality of these various arrangements is seriously in doubt, the most appropriate way to address these protection failures is to strengthen and develop adequate international accountability mechanisms.Readership: Academics and advanced scholars in international refugee law, European and UK refugee law, international human rights, international humanitarian law, politics, and current
affairs
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Agnès Hurwitz, Legal Officer, International Criminal Tribunal for the former Yugoslavia Agnès Hurwitz currently works at the Office of the President of the International Criminal Tribunal for the former Yugoslavia (ICTY). From January 2004 until December 2006, she conducted a research project on the Rule of Law and Peacebuilding at the International Peace Academy in New York, which led to the publication of several policy reports and the production of an edited volume entitled <"Civil War and The Rule of Law: Security, Development, Human Rights>" (Lynn Rienner pub.). Before joining the International Peace Academy, she was appointed as the Ford Foundation Research Fellow in International Human Rights and
Refugee Law at the Refugee Studies Centre, University of Oxford. She completed her PhD at Oxford University, under the supervision of Professor Guy S. Goodwin-Gill and holds a B.A. in Law from the Free University of Brussels (Magna cum Laude) and an LL.M. in International Law from the University of Cambridge.
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Introduction
1: Origins of International Co-operation in Sharing Responsibility for the Protection of Refugees
2: Safe Third Country Practices and Readmission Agreements
3: The Dublin System for Determining the State Responsible for Examining an Application for Asylum Lodged in One of the Member States of the European Communities
4: Responsibility-Sharing Arrangements from the Perspective of Inter-State Relations
5: States' Obligations Towards Refugees
6: Supervision at European Level: The European Court of Justice and the Refugee Convention
7: Supervision at International Level
Bibliography
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The specification in this catalogue, including without limitation price, format, extent, number of illustrations, and month of publication, was as accurate as possible at the time the catalogue was compiled. Occasionally, due to the nature of some contractual restrictions, we are unable to ship a specific product to a particular territory. Jacket images are provisional and liable to change before publication.
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