By Francesco Cherubini
This e-book examines the foundations governing the proper to asylum within the eu Union. Drawing at the 1951 United international locations conference on the subject of the prestige of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum responsibilities less than overseas refugee legislations were included into the eu Union.
The e-book attracts from foreign legislations, ecu legislations and the case legislations of the eu courtroom of Human Rights, and makes a speciality of the prohibition of refoulement; the most legal responsibility the ecu legislation needs to confront. Cherubini explores the twin nature of this precept, studying either the duty to supply a good method that determines the stipulations of probability within the state of foundation or vacation spot, and the duty to answer a potential expulsion.
Through this examine the booklet sheds gentle on european competence in asylum while in regards to the assorted positions of Member States. The publication can be of significant use and curiosity to researchers and scholars of asylum and immigration legislations, ecu legislation, and public foreign law.
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It is interesting, from a historical viewpoint, to understand the reasons for this: at the opening of the Committee’s ﬁrst session, the Soviet delegate Klimov questioned whether it was right that the seat of China should be occupied by a member of the Kuomintang and not by a representative of the government of the People’s Republic of China, which he thought would be more correct, adding that he would not take part ‘in the work of the Committee until that exclusion [of the representative of the Kuomintang] took place’.
9). 111 Minor cases are listed in Article 1D, which provides that ‘This Convention shall not apply to persons who are at present receiving from organs or agencies of the United Nations other than the United Nations High Commissioner for Refugees protection or assistance. When such protection or assistance has ceased for any reason, without the position of such persons being deﬁnitively settled in accordance with the relevant resolutions adopted by the General Assembly of the United Nations, these person shall ipso facto be entitled to the beneﬁts of this Convention’, and in Article 1E, which provides that ‘This Convention shall not apply to a person who is recognized by the competent authorities of the country in which he has taken residence as having the rights and obligations which are attached to the possession of the nationality of that country’.
61 Unlike racial motives, religious ones occur very frequently in practice, particularly, in the view of authoritative writers,62 as a consequence of the proliferation of fundamentalist, and even theocratic, States within the international community. This raises a twofold problem: of deﬁnition and of conduct. 65 59 ECtHR, judgment of 13 December 2005, App. Nos. 55762/00 and 55974/00, Timishev v. int, para. 55. 60 T. J. Gunn (2003: 198). 61 Ibid. 62 F. Lenzerini (2009: 269). ) has come up with a concept of religion based on three elements: religion as belief (‘ “Belief ”, in this context, should be interpreted so as to include theistic, non theistic and atheistic beliefs.