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The Readmission of Asylum Seekers under International Law

Mariagiulia Giuffré

ISBN13: 9781509954759
Published: August 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2020)
Price: £42.99
Hardback edition , ISBN13 9781509902491



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The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

Subjects:
Immigration, Asylum, Refugee and Nationality Law
Contents:
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

AGREEMENTS LINKED TO READMISSION AND REFUGEE RIGHTS: INTRODUCTION TO CHAPTERS 3, 4, AND 5

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
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

Series: Studies in International Law

Cover of Rebellious Jurisprudence: Judicial Dissent and International Law
Rebellious Jurisprudence: Judicial Dissent and International Law
Hemi Mistry
ISBN 9781509920112
To be published August 2028
Hart Publishing
£65.00
Non-State Effective Territorial Entities: Re-Thinking Capacity and Responsibility in International Law
Sarah McGibbon
ISBN 9781509994519
To be published March 2027
Hart Publishing
£90.00
International Law and the Regulation of Armed Conflict in Africa
Gus Waschefort
ISBN 9781509967414
To be published March 2027
Hart Publishing
£90.00
Cover of The United Nations Security Council and the Authorisation of Force
The United Nations Security Council and the Authorisation of Force
Marko Svicevic
ISBN 9781509971299
To be published February 2027
Hart Publishing
£44.99
Cover of Social Hierarchies in Catastrophic Times: International Law, Critique, and Structural Change
Social Hierarchies in Catastrophic Times: International Law, Critique, and Structural Change
Edited by: Tor Krever, lys Kulamadayil, Praggya Surana
ISBN 9781509993215
To be published December 2026
Hart Publishing
£95.00
Cover of A Central Asian Perspective on International Law (eBook)
A Central Asian Perspective on International Law (eBook)
Sergey Sayapin
ISBN 9781509935505
Published April 2026
Hart Publishing
£85.50

Due to a technical issue some ebooks are not available to order.

Cover of A Central Asian Perspective on International Law
A Central Asian Perspective on International Law
Sergey Sayapin
ISBN 9781509935499
Published April 2026
Hart Publishing
£95.00
Cover of The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
Felix Fouchard
ISBN 9781509971343
Published November 2025
Hart Publishing
£41.99
Cover of The United Nations Security Council and the Authorisation of Force (eBook)
The United Nations Security Council and the Authorisation of Force (eBook)
Marko Svicevic
ISBN 9781509971268
Published August 2025
Hart Publishing
£81.00

Due to a technical issue some ebooks are not available to order.

Cover of The United Nations Security Council and the Authorisation of Force
The United Nations Security Council and the Authorisation of Force
Marko Svicevic
ISBN 9781509971251
Published August 2025
Hart Publishing
£90.00
Cover of Responses to Sea Migration and the Rule of Law
Responses to Sea Migration and the Rule of Law
Katia Bianchini
ISBN 9781509978489
Published August 2024
Hart Publishing
£90.00
Cover of Responses to Sea Migration and the Rule of Law (eBook)
Responses to Sea Migration and the Rule of Law (eBook)
Katia Bianchini
ISBN 9781509978496
Published August 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (eBook)
The Standard of Review before the International Court of Justice: Between Principle and Pragmatism (eBook)
Felix Fouchard
ISBN 9781509971312
Published May 2024
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Cover of The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
The Standard of Review Before the International Court of Justice: Between Principle and Pragmatism
Felix Fouchard
ISBN 9781509971305
Published May 2024
Hart Publishing
£90.00
Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Armando Rocha
ISBN 9781509948130
Published March 2023
Hart Publishing
£42.99
Cover of The Responsibility to Protect and the Failures of the United Nations Security Council
The Responsibility to Protect and the Failures of the United Nations Security Council
P.M. Butchard
ISBN 9781509968701
Published December 2022
Hart Publishing
£42.99
Cover of Judicial Deference in International Adjudication: A Comparative Analysis
Judicial Deference in International Adjudication: A Comparative Analysis
Johannes Hendrik Fahner
ISBN 9781509943463
Published February 2022
Hart Publishing
£54.99
Cover of Prosecutorial Discretion at the International Criminal Court
Prosecutorial Discretion at the International Criminal Court
Anni Pues
ISBN 9781509944101
Published January 2022
Hart Publishing
£38.99
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
Britta Sjostedt
ISBN 9781509943937
Published November 2021
Hart Publishing
£42.99
Cover of Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law
Natalie L. Dobson
ISBN 9781509935826
Published September 2021
Hart Publishing
£95.00
Cover of Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)
Extraterritoriality and Climate Change Jurisdiction: Exploring EU Climate Protection under International Law (eBook)
Natalie L. Dobson
ISBN 9781509935833
Published September 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea
Armando Rocha
ISBN 9781509948048
Published September 2021
Hart Publishing
£95.00
Cover of Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea (eBook)
Private Actors as Participants in International Law: A Critical Analysis of Membership under the Law of the Sea (eBook)
Armando Rocha
ISBN 9781509948055
Published September 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello
Saeed Bagheri
ISBN 9781509950515
Published August 2021
Hart Publishing
£95.00
Cover of International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello (eBook)
International Law and the War with Islamic State: Challenges for Jus ad Bellum and Jus in Bello (eBook)
Saeed Bagheri
ISBN 9781509950522
Published August 2021
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Law of Humanity Project: A Story of International Law Reform and State-making
The Law of Humanity Project: A Story of International Law Reform and State-making
Ukri Soirila
ISBN 9781509938919
Published August 2021
Hart Publishing
£90.00
Cover of The Law of Humanity Project: A Story of International Law Reform and State-making (eBook)
The Law of Humanity Project: A Story of International Law Reform and State-making (eBook)
Ukri Soirila
ISBN 9781509938926
Published August 2021
Hart Publishing
£37.79

Due to a technical issue some ebooks are not available to order.

Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Julian Wyatt
ISBN 9781509952281
Published July 2021
Hart Publishing
£44.99
Cover of Predictability and Flexibility in the Law of Maritime Delimitation
Predictability and Flexibility in the Law of Maritime Delimitation
Yoshifumi Tanaka
ISBN 9781509952144
Published June 2021
Hart Publishing
£49.99
Cover of Allocating International Responsibility Between Member States and International Organisations
Allocating International Responsibility Between Member States and International Organisations
Nikolaos Voulgaris
ISBN 9781509946044
Published March 2021
Hart Publishing
£39.99
Cover of General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice
Imogen Saunders
ISBN 9781509936069
Published February 2021
Hart Publishing
£100.00
Cover of General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (eBook)
General Principles as a Source of International Law: Art 38(1)(c) of the Statute of the International Court of Justice (eBook)
Imogen Saunders
ISBN 9781509936076
Published February 2021
Hart Publishing
£40.49

Due to a technical issue some ebooks are not available to order.

Cover of Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus
Paul McDonough
ISBN 9781509919703
Published December 2020
Hart Publishing
£95.00
Cover of Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus (eBook)
Human Rights Commitments of Islamic States: Sharia, Treaties and Consensus (eBook)
Paul McDonough
ISBN 9781509919710
Published December 2020
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of Prosecutorial Discretion at the International Criminal Court (eBook)
Prosecutorial Discretion at the International Criminal Court (eBook)
Anni Pues
ISBN 9781509928699
Published July 2020
Hart Publishing
£35.09

Due to a technical issue some ebooks are not available to order.

Cover of Prosecutorial Discretion at the International Criminal Court
Prosecutorial Discretion at the International Criminal Court
Anni Pues
ISBN 9781509928682
Published July 2020
Hart Publishing
£100.00
Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict (eBook)
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict (eBook)
Britta Sjostedt
ISBN 9781509922543
Published May 2020
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
The Role of Multilateral Environmental Agreements: A Reconciliatory Approach to Environmental Protection in Armed Conflict
Britta Sjostedt
ISBN 9781509922536
Published May 2020
Hart Publishing
£100.00
Cover of The Readmission of Asylum Seekers under International Law (eBook)
The Readmission of Asylum Seekers under International Law (eBook)
Mariagiulia Giuffré
ISBN 9781509902521
Published February 2020
Hart Publishing
£38.69

Due to a technical issue some ebooks are not available to order.

Cover of The Readmission of Asylum Seekers under International Law
The Readmission of Asylum Seekers under International Law
Mariagiulia Giuffré
ISBN 9781509902491
Published February 2020
Hart Publishing
£100.00
Cover of Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent
Eithne Dowds
ISBN 9781509921898
Published January 2020
Hart Publishing
£95.00
Cover of Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent (eBook)
Feminist Engagement with International Criminal Law: Norm Transfer, Complementarity, Rape and Consent (eBook)
Eithne Dowds
ISBN 9781509921904
Published January 2020
Hart Publishing
£35.99

Due to a technical issue some ebooks are not available to order.

Cover of The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice
The International Committee of the Red Cross and its Mandate to Protect and Assist: Law and Practice
Christy Shucksmith
ISBN 9781509935727
Published December 2019
Hart Publishing
£35.99
Cover of Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation
Julian Wyatt
ISBN 9781509929498
Published December 2019
Hart Publishing
£100.00
Cover of Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (eBook)
Intertemporal Linguistics in International Law: Beyond Contemporaneous and Evolutionary Treaty Interpretation (eBook)
Julian Wyatt
ISBN 9781509929504
Published December 2019
Hart Publishing
£40.49

Due to a technical issue some ebooks are not available to order.