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The Readmission of Asylum Seekers under International Law

The Readmission of Asylum Seekers under International Law


The Readmission of Asylum Seekers under International Law

By: Mariagiulia Giuffré

ISBN: 9781509902491
Publicado: 20-02-2020
Páginas: 408

This monograph could not be more timely, as discourses relating to refugees’ access to territory, rescue at sea, push-back, and push-back by proxy dominate political debate. Looking at the questions which lie at the junction of migration control and refugee law standards, it explores the extent to which readmission can hamper refugees’ access to protection. Though it draws mainly on European law, notably the European Convention on Human Rights, it also examines other international frameworks, including those employed by the United Nations and instruments such as the Refugee Convention. Therefore, this book is of importance to readers of international law, refugee law, human rights and migration studies at the global level. It offers an analysis of both the legal and policy questions at play, and engages fully with widely-disputed cases concerning readmission agreements, deportation with assurances and interception at sea. By so doing, this book seeks to clarify a complex field which has at times suffered from partiality in both its terminology and substance.


1. Introduction
I. Refugee Encounters with the State
II. Objectives and Structure
III. On ‘Informalisation’ and ‘Diversification’ of Agreements Linked to Readmission
IV. Defining Key Concepts
V. Geographical Scope
VI. Law and Practice of Readmission
VII. Text, Context, and Telos
VIII. The Interrelation between International Refugee Law and Human Rights Law
IX. The Protection of Human Rights in EU Law
X. Conclusion

2. Refugees’ Admission and Readmission: International and European Protection Obligations
I. Introduction
Part 1. Refugee Rights before Removal
II. The Right to Non-Refoulement: Introduction
III. The Legal Content of Non-Refoulement in International Human Rights Law
IV. Introducing Extraterritorial Jurisdiction
V. EU Law and Non-Refoulement
VI. The Right to Access Asylum Procedures before Removal: Introduction
VII. Access to Asylum Procedures under Human Rights Law
VIII. EU Law and the Right to Access Asylum Procedures
IX. The Right to an Effective Remedy before Removal: Introduction
X. The Right to an Effective Remedy under Human Rights Law
XI. Legal Remedies in EU Immigration and Asylum Law
Part 2. The Safe Third Country in Context
XII. Defining the Concept of a ‘Safe Third Country’
XIII. Conclusion

3. Readmission Agreements and Refugee Rights
I. Introduction
II. Obligation under International Law to Readmit Persons
III. Readmission Agreements: An Overview
IV. The Relationship between Interstate and EU Readmission Agreements
V. Removal Decisions: The Return and the Recast Procedures Directives in Context
VI. Conflicts of Treaties and Non-affection Clauses: Readmission Agreements versus International Human Rights Treaties
VII. Informal Border Practices: When Refugees become Invisible
VIII. ‘Carrots’ and ‘Sticks’: Protecting Human Rights Through Readmission Agreements?
IX. Looking Ahead: Aims and Functions of Proposed Procedural Human Rights Clauses in Readmission Agreements
X. Readmission Agreements and Access to Protection: Concluding Remarks

4. Negotiating Rights and Diplomatic Assurances under Memoranda of Understanding
I. Introduction
Part 1
II. Deportation at All Costs? The Case of the UK and Diplomatic Assurances
Part 2
III. Legal Status of Diplomatic Assurances: An Open-Ended Doctrinal Debate
Part 3
IV. Access to Protection: The Relationship between Refugee Rights and Diplomatic Assurances
V. Diplomatic Assurances on Asylum Seekers‘ Removable to ‘Safe Third Countries’?
VI. Access to Protection, Diplomatic Assurances, and MoUs:

5. Pre-Arrival Maritime Interception, Push-Backs and Agreements for Technical and Police Cooperation
I. Introduction
II. The Changing Readmission Paradigm: From Push-Backs to Push-Backs by Proxy (Pull-Backs)
III. Overview of the First Wave of Bilateral Agreements Linked to Readmission between Italy and Libya
IV. In Search of a Legal Foundation for Push-Backs to Libya ………… 253
V. Not an Isolated Case: Outlining Further Agreements for Technical and Police Cooperation
VI. State Duties at Sea
VII. Push-Backs and Push-Backs by Proxy: State Responsibility in Extraterritorial (and Externalised) Immigration Controls
VIII. Concluding Remarks

6. Conclusion
I. On the Intertwinement of Agreements Linked to Readmission and Refugee Rights
II. The Way Forward


Mariagiulia Giuffré is Senior Lecturer in Law at Edge Hill University, a Research Affiliate to the Refugee Law Initiative, University of London, and an Associate to the Italian Association for Juridical Studies on Immigration.

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