Regional Approaches to the Protection of Asylum Seekers
An International Legal Perspective
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This book presents a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, and the Pacific, the collection strives to appreciate what informs each region’s approach to the asylum process and asks if there are issues common to every region and if regions can learn from one another. The book seeks an understanding of the existing legal regime for the protection of asylum seekers and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law. The volume will be valuable to those interested in international law, migration and human rights.
Table of Contents
Preface; Chapter 1 Introduction – Regional Approaches to the Protection of Asylum Seekers: an International Legal Perspective, Ademola Abass, Francesca Ippolito; Chapter 2 The African Union Legal Framework for Protecting Asylum Seekers, Ademola Abass, Dominique Mystris; Chapter 3 The Role of the African Human Rights System with Reference to Asylum Seekers, Gino J. Naldi, Cristiano d’Orsi; Chapter 4 Sub-regional Frameworks for the Protection of Asylum Seekers and Refugees in Africa: Bringing Relief Closer to Trouble Zones, Solomon T. Ebobrah; Chapter 5 The African National Human Rights Institutions and the Protection of Asylum Seekers: Existing Practices and Opportunities Through the Optional Protocol to the UN Convention Against Torture, Elina Steinerte; Chapter 6 Establishing the Common European Asylum System: ‘it’s a long long way to Tipperary’, Francesca Ippolito; Chapter 7 External Aspects of EU Asylum Law and Policy – ‘New’ Ways to Address ‘Old’ Woes, Samantha Velluti; Chapter 8 The International Protection of Refugees and Asylum Seekers: the Role of Article 3 of the European Convention on Human Rights, Colin Harvey; Chapter 9 ‘The Right to have Rights’: the European Convention on Human Rights and the Procedural Rights of Asylum Seekers, Gina Clayton; Chapter 10 The Protection of Asylum Seekers with Part icular Reference to African Women: the Contribution to the Contemporary Jurisprudence, Rebecca Wallace; Chapter 11 Fora and Programmes for Refugees in Latin America, Liliana Lyra Jubilut; Chapter 12 Protection of Asylum Seekers under the Inter-American Human Rights System, David James Cantor, Stefania Barichello; Chapter 13 ASEAN and the Conceptualization of Refugee Protection in Southeastern Asian States, Susan Kneebone; Chapter 14 The 1989 Comprehensive Plan of Action (CPA) and Refugee Policy in Southeast Asia: Twenty Years Forward What Has Changed?, Sara E. Davies; Chapter 15 The Protection of Asylum Seekers in East Asian State Part ies to the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, Kelley Loper; Chapter 16 Conclusions: the Future of the Regional Protection of Asylum Seekers, Ademola Abass, Francesca Ippolito;
Ademola Abass is Head of Peace & Security Programme & Research Fellow at the United Nations University Institute for Comparative Regional Integration Studies (UNU-CRIS), Belgium. Professor Abass researches broadly in public international law and peace and security, and was the African Union's first Expert on Regional Mechanisms. He has served as a consultant to European Commission and various the UN agencies. Professor Abass has taught at several British universities and currently teaches peace and security at King’s College, London, and is a visiting professor of International Law at the University of Leuven, Belgium and the University of Ibadan, Nigeria. He is a barrister and solicitor of the Supreme Court of Nigeria, a Fellow of Cambridge Commonwealth, and a member of the Academic Council on the United Nations System (ACUNS). Francesca Ippolito JD (Bologna), PhD (Milan) is currently Assistant Professor of International Law and the European Union at the University of Cagliari, Italy. She served as Consultant in European Union Law at the Foreign Affairs Ministry in Rome and she is currently the project leader of two international research projects on Cooperation Agreements in the Mediterranean and on asylum seekers in Mare Nostrum: a French and Italian appraisal of judicial practice. She was chosen to be a member of the Research Center of the Hague Academy of International Law on International Migrations in 2010 (directors G. Goodwin-Gill and P. Weckel) and has been Visiting Fellow at the School of Law, University of Glasgow as well as Visiting Professor in European Union law in France at the University Montesquieu-Bordeaux IV. Dr. Ippolito has written extensively in the area of EU migration and asylum law and non-discrimination.
’This key text brings a comparative approach offering valuable insights into issues surrounding asylum, focusing especially on the legislation and geopolitics of regions.’ Parvati Nair, Director, United Nations University Institute on Globalization, Culture and Mobility, Barcelona, Spain ’In light of the challenges and continuous reforms that asylum systems are currently and globally undergoing, this collection is a very valuable contribution to the scholarly debate. This stimulating and inspiring volume challenges the conventional wisdom about the role of the different regions in coping with the problems posed in the framework of the asylum crisis.’ Sara Iglesias Sanchez, Jurist at the European Court of Justice ’The great strength of this book lies in the innovative approaches to examining different regional perspectives that creates a global yet nuanced picture of the state of asylum today. As such, it constitutes an important supplement to more doctrinal studies and will be well-worth reading by students, scholars and practitioners.’ Thomas Gammeltoft-Hansen, The Danish Institute of Human Rights, Denmark and Executive Chairman of the Association of Human Rights Institutes (AHRI)