This book analyses the concept of sharing responsibility between States for protecting refugees under international law, and how this mechanism highlights serious concerns for the protection of refugees' rights.
In managing the growing number of refugees arriving in the industrialised world, beginning at the end of the 1970s, States have devised increasingly restrictive policies. The objectives of these measures have been to restrict access to the territory or, at least, to asylum procedures. Thus, while international co-operation in the refugee field traditionally focused on protection and assistance, the last two decades have been characterised by the emergence of transnational policies aimed at containing refugee flows, primarily on the European continent. The convoluted refugee routes - often described as 'secondary' or 'irregular' movements of refugees between countries of origin and their final destination - have been among States' major preoccupations. To combat what they often perceive to be proof of the fraudulent or manifestly unfounded nature of asylum claims, European States have passed legislation or agreed on international instruments designed to allocate and even evade responsibility for the examination of asylum applications. Even bolder solutions have been advocated more recently, such as the outsourcing of asylum procedures through regional or offshore schemes.This book presents a critical legal analysis of the mechanisms and arrangements devised by States to tackle secondary movements of refugees, and offers innovative solutions to the protection crisis afflicting the global refugee regime.; After providing a comprehensive breakdown of the various legal tools used by States to combat secondary refugee movements, the book argues that, while the legality of these various arrangements is seriously in doubt, the most appropriate way to address these protection failures is to strengthen and develop adequate international accountability mechanisms.
Introduction; 1. Origins of International Co-operation in Sharing Responsibility for the Protection of Refugees; 2. Safe Third Country Practices and Readmission Agreements; 3. The Dublin System for Determining the State Responsible for Examining an Application for Asylum Lodged in One of the Member States of the European Communities; 4. Responsibility-Sharing Arrangements from the Perspective of Inter-State Relations; 5. States' Obligations Towards Refugees; 6. Supervision at European Level: The European Court of Justice and the Refugee Convention; 7. Supervision at International Level; Bibliography