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Esta obra pretende ser una aportación a la institución del asilo territorial desde la perspectiva del Derecho Internacional Público. El autor ha tratado de indagar la práctica de los estados para poder establecer qué normas y principios de derecho internacional vinculan hoy a la comunidad internacional en dicha materia. Tras una introducción al derecho de asilo territorial, se analiza la condición de los refugiados en la Convención de Ginebra y la regulación del derecho de asilo en el ámbito regional (comunitario). Se estudia especialmente la obligación de "non refoulement" o regla de no rechazo, consistente en la prohibición de enviar forzosamente a un refugiado a cualquier país en el que su vida o libertad se encuentren amenazadas.
This book maps out, from a variety of theoretical standpoints, the challenges generated by European integration and EU citizenship for community membership, belonging and polity-making beyond the state. It does so by focusing on three main issues of relevance for how EU citizenship has developed and its capacity to challenge state sovereignty and authority as the main loci of creating and delivering rights and protection. First, it looks at the relationship between citizenship of the Union and European identity and assesses how immigration and access to nationality in the Member States impact on the development of a common European identity. Secondly, it discusses how the idea of solidarity ...
This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.
Recounts the history of citizenship in 20th century Europe, focusing on six countries: Great Britain, France, Germany, Czechoslovakia, Poland, and Russia. It is the history of a central legal institution that significantly represents and at the same time determines struggles over migration, integration, and belonging.
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.
The open access publication of this book has been published with the support of the Swiss National Science Foundation. This book offers a comprehensive analysis of the right to citizenship in international and regional human rights law. It critically reflects on the limitations of state sovereignty in nationality matters and situates the right to citizenship within the existing human rights framework. It identifies the scope and content of the right to citizenship by looking not only at statelessness, deprivation of citizenship or dual citizenship, but more broadly at acquisition, loss and enjoyment of citizenship in a migration context. Exploring the intersection of international migration, human rights law and belonging, the book provides a timely argument for recognizing a right to the citizenship of a specific state on the basis of one’s effective connections to that state according to the principle of jus nexi.
This book provides a clear picture of the issues of legal and social legitimacy which surround criminal measures relating to trafficking in human beings in six Member States and the EU. It includes and explains the legal nature of the types of measures which have been adopted and the presentation of criminal sanctions and the positions taken by key actors in civil society.
Rights of Third-Country Nationals under EU Association Agreements identifies overarching themes and discusses the practical impact of the legal rules on the free movement of persons in association agreements between the EU and neighbouring countries, in particular Turkey.
This book addresses one of the most relevant challenges to the sustainability of the European Union (EU) as a political project: the deficit of citizens’ support. It identifies missing elements of popular legitimacy and makes proposals for their formal inclusion in a future Treaty reform, while assessing the contribution that the EU may make to global governance by expanding a credible democratic model to other international actors. The contributors offer perspectives from law, political science, and sociology, and the 15 case studies of different aspects of the incipient European demos provide the reader with a comprehensive overview of these pertinent questions. The edited volume provides a truly interdisciplinary study of the citizens’ role in the European political landscape that can serve as a basis for further analyses of the EU’s democratic legitimacy. It will be of use to legal scholars and political scientists interested in the EU’s democratic system, institutional setup and external relations.