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Defining Protection: Refugeehood, , and Human Rights

Cathryn Costello

in The Human Rights of Migrants and Refugees in European Law

Published in print:
2015
Published Online:
March 2016
ISBN:
9780199644742
eISBN:
9780191741128
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199644742.003.0005
Subject:
Law, EU Law, Human Rights and Immigration

This chapter deals with refugees. The Convention on the Status of Refugees 1951 (with its 1967 Protocol) is the pre-eminent global protection instrument. Its non-refoulement guarantee in particular ... More


EU Non-Refoulement: (The Irrelevance of) Territoriality and Pre-Border Controls

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0008
Subject:
Law, Human Rights and Immigration

This chapter identifies the content and scope of application of the EU prohibition of refoulement. Following the ‘cumulative standards’ approach, the analysis incorporates developments in ... More


Remedies, Procedural Guarantees (and the Unavoidability of Admission to Territory)

Violeta Moreno-Lax

in Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law

Published in print:
2017
Published Online:
October 2017
ISBN:
9780198701002
eISBN:
9780191770517
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198701002.003.0010
Subject:
Law, Human Rights and Immigration

The rights to asylum and to protection against refoulement, as per Chapters 8-9, entail both substantive and procedural components. This chapter scrutinizes the remedies and procedural safeguards ... More


Analysing European Case-Law on Migration: Options for Critical Lawyers

Thomas Spijkerboer

in EU Migration Law: Legal Complexities and Political Rationales

Published in print:
2014
Published Online:
May 2014
ISBN:
9780198708537
eISBN:
9780191779497
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198708537.003.0007
Subject:
Law, EU Law, Human Rights and Immigration

This chapter addresses three ways in which lawyers can try to criticize the case law of European courts. The first is to re-analyse case law so as to expose its internal inconsistencies, which opens ... More


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