Skip to main content Accessibility help
×
Home
Hostname: page-component-5bf98f6d76-gtjl9 Total loading time: 0.702 Render date: 2021-04-20T10:52:02.981Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": false, "newCiteModal": false, "newCitedByModal": true }

Human Rights and Migration Management: Of Complexity, Balance, and Nuance

Published online by Cambridge University Press:  28 February 2017

David A. Martin
Affiliation:
University of Virginia

Abstract

Image of the first page of this article. For PDF version, please use the ‘Save PDF’ preceeding this image.
Type
An Emerging International Law of Migration
Copyright
Copyright © American Society of International Law 2012

Access options

Get access to the full version of this content by using one of the access options below.

References

1 Nishimura Ekiu v. United States, 142 U.S 651 (1892); see also Musgrove v. Chun Teeong Toy, 1891 Ac 272.

2 Soering v. United Kingdom, 11 EHRR 439 (161 Eur. Ct. H.R. (ser. A)) (1989).

3 This transformation, along with its underappreciated impacts on other human rights values, is thoughtfully explored in Padmanabhan, Vijay M., To Transfer or Not to Transfer: Identifying and Protecting Relevant Human Rights Interests in Nonrefoulement, 80 Fordham L. Rev. 73 (2011)Google Scholar.

4 See, e.g., Chahal v. United Kingdom, 23 EHRR 413 (1996-V Eur. Ct. H.R. 1831) (1996).

5 A. and Others v. United Kingdom, App. No. 3455/05 (ECtHr Feb. 19, 2009).

6 I recognize that later measures such as the European Union’s Qualifications Directive, Council Directive 2004/83, 2004 O.J. (L 304) 12 (EC), could be seen as agreement to these obligations by political actors, but those steps came much later and only after the entrenchment of the judicial doctrine.

7 See Hailbronner, Kay, Nonrefoulement and “Humanitarian” Refugees: Customary International Law or Wishful Legal Thinking? , in The New Asylum Seekers: Refugee Law in the 1980s, at 123 (Martin, David A. ed., 1988 CrossRefGoogle Scholar).

8 See, e.g., Jabari v. Turkey, App. No. 40035/98, para. 50 (ECtHr July 11, 2000) (independent and rigorous scrutiny is required, with the possibility of suspending removal); see also Conka v. Belgium, App. No. 51564/99, paras. 82-83 (ECtHR Feb 5, 2002) (finding inadequate the Belgian “extremely urgent procedure” for review of expulsion orders, because suspensive effect is discretionary and a stay could be wrongly refused). On the use of interim measures directed by the European Court to stay expulsion until the Strasbourg procedures have been completed, see Nuala Mole & Catherine Meredith, Asylum and the European Convention on Human Rights 217-26 (2d ed. 2010).

9 Hirsi Jamaa v. Italy, App. No. 27765/09 (Eur. Ct. H.R. Feb. 23, 2012).

10 See, e.g., Dutton, Yvonne M., Pirates and Impunity: Is the Threat of Asylum Claims a Reason to Allow Pirates to Escape Justice?, 34 Fordham Int’l L.J. 236, 240-42 (2011)Google Scholar.

Full text views

Full text views reflects PDF downloads, PDFs sent to Google Drive, Dropbox and Kindle and HTML full text views.

Total number of HTML views: 0
Total number of PDF views: 12 *
View data table for this chart

* Views captured on Cambridge Core between 28th February 2017 - 20th April 2021. This data will be updated every 24 hours.

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Human Rights and Migration Management: Of Complexity, Balance, and Nuance
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

Human Rights and Migration Management: Of Complexity, Balance, and Nuance
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

Human Rights and Migration Management: Of Complexity, Balance, and Nuance
Available formats
×
×

Reply to: Submit a response


Your details


Conflicting interests

Do you have any conflicting interests? *