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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

Price: £315.00

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Demanding Rights: Europe's Supranational Courts and the Dilemma of Migrant Vulnerability


ISBN13: 9781108733885
Published: May 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £29.99



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While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgements of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

Subjects:
Human Rights and Civil Liberties, Immigration, Asylum, Refugee and Nationality Law
Contents:
1. Introduction
Part I:
2. Expanding the Rights to Stay?
3. Establishing Responsibility
4. Reaffirming Jurisdiction
Part II:
5. From Dilemmatic to Strategic Adjudication
6. From Strategic to Consolidating Litigation
7. Migrant Rights as Existential Commitments
8. Demanding Rights: Some Conclusions

Series: Cambridge Asylum and Migration Studies

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