Negotiating Asylum

The EU Acquis, Extraterritorial Protection and the Common Market of Deflection


How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.
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'A legal, political and philosophical study of this calibre happens once in a decade, or less. This is an essential read for all those who wonder about the future of asylum in Europe, and even more for those whose responsibility it is to shape it.'
Journal of Refugee Studies.
'[W]ithout any doubt, this is a very interesting book which gives a global perspective of the European Union process towards the integration of asylum and immigration - an area struggling between inclusion and exclusion -, the controversies it poses from an International perspective and the possible answers to solve the problems which remain unanswered and which could at last be solved by the European Court of Human Rights.'
European Journal of Migration and Law, 2001.
'A scholar Dr. Noll certainly is: This opus magnum proves his qualities and qualifications. It shows the straightforward and consequential way of thinking.'
Nordic Journal of International Law, 2001.
'... Noll has written a delightful, well-argued and innovative book combining rigorous legal analysis with metajuridical perspectives in a convincing way.'
'Common Market Law Review, 2002.
Acknowledgements. Structure. List of Tables and Figures. Abbreviations. 1. Introduction. 2. Universalism Versus Particularism. 3. Determinants of Protection Systems. 4. European Integration and Extraterritorial Protection. 5. Access to Territory under the EU Acquis. 6. Access to Full-Fledged Procedures under the EU Acquis. 7. Access to Protection under the EU Acquis. 8. Sharing the Burden? 9. International Law and Extraterritorial Protection. 10. Interpreting Hard Cases. 11. Delimiting and Justifying Protection under the ECHR. 12. Three Conflict Zones. 13. Demos, Determinacy and Justification. 14. Negotiating Asylum: A Summary of Observations. Cases. International Treaties. Instruments and Documents Related to the EU Acquis. Literature. Index.
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