How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.

How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.

UN Global Compacts is a concise introduction to the key concepts, issues, and actors in global migration governance and presents a comprehensive analysis of the New York Declaration for Refugees and Migrants, the Global Compact on Refugees, and the Global Compact for Migration. The book places the declaration and compacts within their historical context, traces the evolution of global migration governance, and evaluates the implementation of the compacts. Ultimately, the global compacts were the result of three wider shifts in global governance from hard to soft law, from rights to aid, and from Cold War politics to nationalism. The book is an important contribution to international relations and migration studies and provides essential information on the NY declaration and the global compacts, in addition to an examination of the: • Negotiating blocs and strategies • Populist backlash to the Global Compact for Migration • Responsibility sharing for refugee protection • Human rights of migrants • Principle of non-refoulement • Comprehensive Refugee Response Framework • UNHCR, IOM, and the UN Network on Migration The book will be of interest to practitioners, students, and scholars of international cooperation, global governance, migrants, and refugees, and will be essential reading for graduate and undergraduate courses on international law, international organizations, and migration.

As debates about migrants and refugees reverberate around the world, this book offers an important first-hand account of how migration is being approached at the highest levels of international governance. Whereas refugees have long been protected by international law, migrants have been treated differently, with no international consensus definition and no one international migration system. This all changed in September 2016, when the 193 members of the United Nations unanimously adopted the New York Declaration on Refugees and Migrants, laying the groundwork for the creation of governance frameworks for migrants and refugees worldwide. This book provides a fly on the wall analysis of the opportunities and challenges of the two new Global Compacts on Refugees and Migration as governments, international NGOs, multilateral institutions and other actors develop and negotiate them. Looking beyond the compacts, the book considers migration governance over time, and asks the bigger questions of what the international community can do on the one hand to affirm and strengthen safe, orderly and regular migration to help drive economic growth and prosperity, whilst on the other hand responding to the problems caused by increasing numbers of refugees and irregular migrants. This highly engaging and informative account will be of interest to policy-makers, academics and students concerned with global migration and refugee governance.

I.6. Human rights issues

This book explores local medical, lay and legal negotiations with the asylum system in nineteenth-century Ireland. It deepens our understanding of attitudes towards the mentally ill and institutional provision for the care and containment of people diagnosed as insane. Uniquely, it expands the analytical focus beyond asylums incorporating the impact that the Irish poor law, petty session courts and medical dispensaries had on the provision of services. It provides insights into life in asylums for patients and staff. The study uses Carlow asylum district – comprised of counties Wexford, Kildare, Kilkenny and Carlow in the southeast of Ireland – to explore the ‘place of the asylum’ in the period. This book will be useful for scholars of nineteenth-century Ireland, the history of psychiatry and medicine in Britain and Ireland, Irish studies and gender studies.