The Collective Responsibility of States to Protect Refugees by Agnes HurwitzThe Collective Responsibility of States to Protect Refugees by Agnes Hurwitz

The Collective Responsibility of States to Protect Refugees

byAgnes Hurwitz

Hardcover | August 30, 2009

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In managing the growing number of refugees arriving in the industrialised world, States have devised increasingly restrictive policies since the end of the 1970s. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, whileinternational co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of translational policies aimed at containing refugee flows, primarily on the European continent. The convoluted refugee routes - oftendescribed as 'secondary' or 'irregular' movements of refugees between countries of origin and their final destination - have been one of the major preoccupations of States. To combat what they often perceive to be a proof of the fraudulent or manifestly unfounded nature of asylum claims, EuropeanStates 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 offshoreschemes. 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 legaltools 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.
Agnes 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 polic...
Title:The Collective Responsibility of States to Protect RefugeesFormat:HardcoverDimensions:300 pages, 9.21 × 6.14 × 0.03 inPublished:August 30, 2009Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199278385

ISBN - 13:9780199278381

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Table of Contents

Introduction1. Origins of International Co-operation in Sharing Responsibility for the Protection of Refugees2. Safe Third Country Practices and Readmission Agreements3. The Dublin System for Determining the State Responsible for Examining an Application for Asylum Lodged in One of the Member States of the European Communities4. Responsibility-Sharing Arrangements from the Perspective of Inter-State Relations5. States' Obligations Towards Refugees6. Supervision at European Level: The European Court of Justice and the Refugee Convention7. Supervision at International LevelBibliography