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Understanding refugee law in an enlarged European Union

Noll, Gregor LU ; Byrne, Rosemary and Vedsted-Hansen, Jens (2004) In European Journal of International Law 15. p.355-379
Abstract
The present article seeks to explore how asylum law is formed, transformed and reformed in Europe, what its effects are on state practice and refugee protection in the Baltic and Central European candidate countries, and what this process reveals about the framework used by scholars to understand the dynamics of international refugee law. Arguably, an exclusive focus on EU institutions and their dissemination of regional and international norms among candidate countries through the acquis communautaire is misleading. Looking at the sub-regional interplay between Vienna and Budapest, Berlin and Warsaw, Copenhagen and Vilnius provides a richer understanding of the emergence of norms than the standard narrative of a Brussels dictate. Hence,... (More)
The present article seeks to explore how asylum law is formed, transformed and reformed in Europe, what its effects are on state practice and refugee protection in the Baltic and Central European candidate countries, and what this process reveals about the framework used by scholars to understand the dynamics of international refugee law. Arguably, an exclusive focus on EU institutions and their dissemination of regional and international norms among candidate countries through the acquis communautaire is misleading. Looking at the sub-regional interplay between Vienna and Budapest, Berlin and Warsaw, Copenhagen and Vilnius provides a richer understanding of the emergence of norms than the standard narrative of a Brussels dictate. Hence, to capture these dynamics, we will attempt to expand the framework of analysis by incorporating sub-regional settings, cutting across the divide between old and new Members, and by analysing the repercussions sent out by domestic legislation within these settings. While acknowledging that bilateral and multilateral relations are continuously interwoven, we conclude that bilateralism accounts for a greater degree of normative development and proliferation than multilateralism at EU level, and that domestic legislation as formed by sub-regional dynamics will remain the ultimate object of study for scholars of international refugee law. (Less)
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organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
human rights, mänskliga rättigheter
in
European Journal of International Law
volume
15
pages
355 - 379
publisher
Oxford University Press
ISSN
1464-3596
language
English
LU publication?
yes
id
d231a065-c445-4e9b-8b2c-3d08b85e1d59 (old id 759162)
date added to LUP
2008-01-18 18:56:57
date last changed
2016-06-07 15:09:10
@article{d231a065-c445-4e9b-8b2c-3d08b85e1d59,
  abstract     = {The present article seeks to explore how asylum law is formed, transformed and reformed in Europe, what its effects are on state practice and refugee protection in the Baltic and Central European candidate countries, and what this process reveals about the framework used by scholars to understand the dynamics of international refugee law. Arguably, an exclusive focus on EU institutions and their dissemination of regional and international norms among candidate countries through the acquis communautaire is misleading. Looking at the sub-regional interplay between Vienna and Budapest, Berlin and Warsaw, Copenhagen and Vilnius provides a richer understanding of the emergence of norms than the standard narrative of a Brussels dictate. Hence, to capture these dynamics, we will attempt to expand the framework of analysis by incorporating sub-regional settings, cutting across the divide between old and new Members, and by analysing the repercussions sent out by domestic legislation within these settings. While acknowledging that bilateral and multilateral relations are continuously interwoven, we conclude that bilateralism accounts for a greater degree of normative development and proliferation than multilateralism at EU level, and that domestic legislation as formed by sub-regional dynamics will remain the ultimate object of study for scholars of international refugee law.},
  author       = {Noll, Gregor and Byrne, Rosemary and Vedsted-Hansen, Jens},
  issn         = {1464-3596},
  keyword      = {human rights,mänskliga rättigheter},
  language     = {eng},
  pages        = {355--379},
  publisher    = {Oxford University Press},
  series       = {European Journal of International Law},
  title        = {Understanding refugee law in an enlarged European Union},
  volume       = {15},
  year         = {2004},
}