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The Right of an Alien to be Protected against Arbitrary Expulsion in International Law

Julia Wojnowska-Radzinska

ISBN13: 9789004265431

Published: April 2015

Publisher: Brill Nijhoff

Country of Publication: The Netherlands

Format: Hardback

Price: £134.00

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In The Right of an Alien to be Protected against Arbitrary Expulsion in International Law Julia Wojnowska-Radzińska offers a comprehensive legal study of international legal obligations of States for the protection of aliens lawfully residing against arbitrary expulsion. It also provides practical information on administrative proceedings, legal remedies and procedural rights aliens exercise.

The book aims at answering a fundamental question how to strike a balance between the inherent right of a State to expel an alien and the rights the latter is entitled to. The reader will therefore be given a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting.

Subjects:: Human Rights and Civil Liberties, Public International Law

Contents:: List of Abbreviations; Preface; Introduction; Chapter I Categories of Aliens and Types of Expulsion; 1. Introduction; 2. The notion of an alien; 3. The notion of expulsion; 4. Lawful residence versus the expulsion of an alien; Chapter II The Concept and the Development of the Right of an Alien Lawfully in the Territory of a State to Be Protected against Arbitrary Expulsion; 1. Historical background; 2. The notion of the right of an alien to be protected against arbitrary expuslion; Chapter III The Scope of Protection against Arbitrary Expulsion from a State of Legal Residence under International Human Rights Law; 1. Introduction; 2. The right of an alien to respect for private and family life; 3. Prohibition to expel an individual from his/her country; 4. The prinicple of non-discrimination; 5. The principle of non-refoulement; 6. Conclusion; Chapter IV Procedural Measures and Guarantees an Alien is Entitled To; 1. Introduction; 2. Legal requirements of the decision on expulsion; 3. Right to receive notice of expulsion proceedings; 4. Right to submit reasons against expulsion; 5. Right to appeal to a competent authority to have the case reviewed; 6. Right to a counsel; 7. Grounds for revoking procedural guarantees; 8. Right to an effective remedy; 9. Procedural guarantees for the UE citizens in the light of the Directive 2004/38/EC; 10. Diplomatic protection; 11. Conclusion; Chapter V Polish Approach to Protection against Arbitrary Expulsion; 1. Introduction; 2. General rules governing the protection of aliens against arbitrary expulsion; 3. Respect for private and family life as grounds precluding arbitrary expulsion; 4. Conclusion; Chapter VI Responsibility of a State for Violating the Right of an Alien to Be Protected against Arbitrary Expulsion; 1. Introduction; 2. Responsibility of a State for arbitrary expulsion in international law; 3. Reparation for arbitrary expuslion of an alien; 4. Conclusion; Conclusion, Bibliography, Index.