Is EU diminishing the spirit of the principle of non-refoulement?: a study of the EU legal regime and recent practices for the refugees

Md. Jobair Alam

Research output: Chapter in Book/Report/Conference proceedingConference abstractResearch

Abstract

In this paper a case study of EU legal regime and their practices to the refugees is undertaken to see whether these practices are compatible with international law in the spirit of the principle of non-refoulement.

This paper argues that: (i) the current practices of EU with regard to refugees are contributing to diminish the spirit of the principle as they seem to go against the general principles of protection of human rights, including the refugees; and (ii) the practices are less than satisfactory, even if strictly they are not against international law.

The principles of human rights ought to be given priority as the consequences otherwise could create an unsafe global society where the dignity and moral claims of refugees are subordinated to legalisms. This study takes two examples to establish this argument: (i) the EU practice of extra-territorial border control; and (ii) the engagement of a diametrically opposed move by the EU, where it purports to act as a single zone of protection. In this regard at first sources of international law and EU law are scrutinised and the EU and its Member states obligation under them is explored. This is followed by a discussion of the responses of EU, including the legislation related to Frontex’s joint operations to prevent refoulement.

The study concludes that the current practices of the EU have the effect of diminishing the spirit of this principle. Finally a few recommendations are suggested so that the EU practices are better aligned with international law.
LanguageEnglish
Title of host publicationANZSIL 25th Annual Conference
Subtitle of host publicationsustaining the international legal order in an era of rising nationalism
PublisherThe Australian National University
Pages15-16
Number of pages2
Publication statusPublished - 2017
EventAustralia and New Zealand Society of International Law (ANZSIL) Conference (25th : 2017) - Canberra, Australia
Duration: 29 Jun 20171 Jul 2017

Conference

ConferenceAustralia and New Zealand Society of International Law (ANZSIL) Conference (25th : 2017)
CountryAustralia
CityCanberra
Period29/06/171/07/17

Fingerprint

refugee
EU
international law
human rights
European Law
obligation
legislation

Cite this

Alam, M. J. (2017). Is EU diminishing the spirit of the principle of non-refoulement? a study of the EU legal regime and recent practices for the refugees. In ANZSIL 25th Annual Conference: sustaining the international legal order in an era of rising nationalism (pp. 15-16). The Australian National University.
Alam, Md. Jobair. / Is EU diminishing the spirit of the principle of non-refoulement? a study of the EU legal regime and recent practices for the refugees. ANZSIL 25th Annual Conference: sustaining the international legal order in an era of rising nationalism. The Australian National University, 2017. pp. 15-16
@inbook{53e5e98f962747d7980db70177b30b17,
title = "Is EU diminishing the spirit of the principle of non-refoulement?: a study of the EU legal regime and recent practices for the refugees",
abstract = "In this paper a case study of EU legal regime and their practices to the refugees is undertaken to see whether these practices are compatible with international law in the spirit of the principle of non-refoulement.This paper argues that: (i) the current practices of EU with regard to refugees are contributing to diminish the spirit of the principle as they seem to go against the general principles of protection of human rights, including the refugees; and (ii) the practices are less than satisfactory, even if strictly they are not against international law.The principles of human rights ought to be given priority as the consequences otherwise could create an unsafe global society where the dignity and moral claims of refugees are subordinated to legalisms. This study takes two examples to establish this argument: (i) the EU practice of extra-territorial border control; and (ii) the engagement of a diametrically opposed move by the EU, where it purports to act as a single zone of protection. In this regard at first sources of international law and EU law are scrutinised and the EU and its Member states obligation under them is explored. This is followed by a discussion of the responses of EU, including the legislation related to Frontex’s joint operations to prevent refoulement.The study concludes that the current practices of the EU have the effect of diminishing the spirit of this principle. Finally a few recommendations are suggested so that the EU practices are better aligned with international law.",
author = "Alam, {Md. Jobair}",
year = "2017",
language = "English",
pages = "15--16",
booktitle = "ANZSIL 25th Annual Conference",
publisher = "The Australian National University",

}

Alam, MJ 2017, Is EU diminishing the spirit of the principle of non-refoulement? a study of the EU legal regime and recent practices for the refugees. in ANZSIL 25th Annual Conference: sustaining the international legal order in an era of rising nationalism. The Australian National University, pp. 15-16, Australia and New Zealand Society of International Law (ANZSIL) Conference (25th : 2017), Canberra, Australia, 29/06/17.

Is EU diminishing the spirit of the principle of non-refoulement? a study of the EU legal regime and recent practices for the refugees. / Alam, Md. Jobair.

ANZSIL 25th Annual Conference: sustaining the international legal order in an era of rising nationalism. The Australian National University, 2017. p. 15-16.

Research output: Chapter in Book/Report/Conference proceedingConference abstractResearch

TY - CHAP

T1 - Is EU diminishing the spirit of the principle of non-refoulement?

T2 - a study of the EU legal regime and recent practices for the refugees

AU - Alam, Md. Jobair

PY - 2017

Y1 - 2017

N2 - In this paper a case study of EU legal regime and their practices to the refugees is undertaken to see whether these practices are compatible with international law in the spirit of the principle of non-refoulement.This paper argues that: (i) the current practices of EU with regard to refugees are contributing to diminish the spirit of the principle as they seem to go against the general principles of protection of human rights, including the refugees; and (ii) the practices are less than satisfactory, even if strictly they are not against international law.The principles of human rights ought to be given priority as the consequences otherwise could create an unsafe global society where the dignity and moral claims of refugees are subordinated to legalisms. This study takes two examples to establish this argument: (i) the EU practice of extra-territorial border control; and (ii) the engagement of a diametrically opposed move by the EU, where it purports to act as a single zone of protection. In this regard at first sources of international law and EU law are scrutinised and the EU and its Member states obligation under them is explored. This is followed by a discussion of the responses of EU, including the legislation related to Frontex’s joint operations to prevent refoulement.The study concludes that the current practices of the EU have the effect of diminishing the spirit of this principle. Finally a few recommendations are suggested so that the EU practices are better aligned with international law.

AB - In this paper a case study of EU legal regime and their practices to the refugees is undertaken to see whether these practices are compatible with international law in the spirit of the principle of non-refoulement.This paper argues that: (i) the current practices of EU with regard to refugees are contributing to diminish the spirit of the principle as they seem to go against the general principles of protection of human rights, including the refugees; and (ii) the practices are less than satisfactory, even if strictly they are not against international law.The principles of human rights ought to be given priority as the consequences otherwise could create an unsafe global society where the dignity and moral claims of refugees are subordinated to legalisms. This study takes two examples to establish this argument: (i) the EU practice of extra-territorial border control; and (ii) the engagement of a diametrically opposed move by the EU, where it purports to act as a single zone of protection. In this regard at first sources of international law and EU law are scrutinised and the EU and its Member states obligation under them is explored. This is followed by a discussion of the responses of EU, including the legislation related to Frontex’s joint operations to prevent refoulement.The study concludes that the current practices of the EU have the effect of diminishing the spirit of this principle. Finally a few recommendations are suggested so that the EU practices are better aligned with international law.

UR - http://www.anzsil.org.au/resources/Pictures/2017_ANZSIL%20program_WEB_F1.pdf

M3 - Conference abstract

SP - 15

EP - 16

BT - ANZSIL 25th Annual Conference

PB - The Australian National University

ER -

Alam MJ. Is EU diminishing the spirit of the principle of non-refoulement? a study of the EU legal regime and recent practices for the refugees. In ANZSIL 25th Annual Conference: sustaining the international legal order in an era of rising nationalism. The Australian National University. 2017. p. 15-16