Systematising Systemic Integration: 'War Refugees', Regime Relations, and a Proposal for a Cumulative Approach to International Commitments

Moreno-Lax, Violeta

doi:10.1093/jicj/mqu074

Cited by 4 publications

(4 citation statements)

References 27 publications

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“…Grounded in Article 31(3)(c) of the VCLT, this analysis takes a broader approach to the applicability of the norms invoked in the relations between the parties to the SAR Convention (Ratcovich, 2016). This reasoning further differs from the harmonisation approach (Klein, 2014), the cumulative approach (Moreno-Lax, 2014) and the integrative interpretation approach (Moreno-Lax, 2017a, Chapter 7) where the actual application of the instruments invoked plays a more prominent role.…”

Section: Introductionmentioning

confidence: 92%

“…The analysis contributes to existing literature advancing considerations of humanity in the reading of the SAR Convention (Klein, 2014;Moreno-Lax, 2014;2017a, Chapter 7;Komp, 2016;Ratcovich, 2016;Trevisanut, 2017;Ghezelbash et al, 2018). The interpretation proposed is centred on the notion of safety in the context of maritime SAR duties and considers specific protection needs among sea migrants in the realms of international human rights and refugee law.…”

Section: Introductionmentioning

confidence: 99%

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Vulnerability and marginalisation at sea: maritime search and rescue, and the meaning of ‘place of safety’

Velasco

2022

International Journal of Law in Context

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This paper proposes an integrating interpretation of the term ‘place of safety’ in the International Convention on Maritime Search and Rescue, 1979, grounded in international human rights and refugee law. It argues that the exposure to harm as a consequence of the conditions under which sea migrants endure irregular journeys raises vulnerability concerns and the need to search for mechanisms of redress. It further claims that sea migrants are marginalised by states’ refusal to allow their disembarkation on land. It also argues that a narrow interpretation of the term ‘place of safety’ risks perpetuating, if not exacerbating, situations of vulnerability and marginalisation among sea migrants. Key themes addressed in this contribution are vulnerability and marginalisation of sea migrants, vulnerability reasoning in the interpretation process and the scope for a more integrating reading of the term ‘place of safety’ that is responsive to the specific needs among sea migrants.

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Section: Introductionmentioning

confidence: 92%

Section: Introductionmentioning

confidence: 99%

Vulnerability and marginalisation at sea: maritime search and rescue, and the meaning of ‘place of safety’

Velasco

2022

International Journal of Law in Context

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“…In the US, asylum officers are mandated to consider international human rights instruments in determining what constitutes persecution (US Citizenship and Immigration Services 2005). These contributions include e.g., (Fripp 2014;Storey 2014;Storey 2012;Moreno-Lax 2014;Li 2017;Edwards 2008). For instance, in a Lecture held by the Refugee Law Initiative (RLI) of the University of London on 4 December 2018, Storey claimed that, whatever approach is taken, it must be one that works within the international legal framework.…”

Section: Mostmentioning

confidence: 99%

“…See e.g., (UNHCR United Nations High Commissioner for Refugees, para. 15;Fripp 2014;Lambert 2013b;Moreno-Lax 2014;Storey and Wallace 2001;Storey 2012;Rutinwa 2000).…”

Section: Mostmentioning

confidence: 99%

The Eritrean Military/National Service Programme: Slavery and the Notion of Persecution in Refugee Status Determination

Palacios-Arapiles

2021

Laws

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Despite the overwhelming evidence of human rights violations within the Eritrean Military/National Service Programme (“MNSP”), adjudication of asylum applications made by Eritreans remains a challenge. Narrow interpretations of “slavery” have created obstacles for protection under the 1951 Convention Relating to the Status of Refugees (“1951 Refugee Convention”). This article discusses MST and Others, the latest Country Guidance case on Eritrea issued by the UK Upper Tribunal Immigration and Asylum Chamber (“UTIAC”), and also the lead case E-5022/2017 of the Swiss Federal Administrative Court (“FAC”), which to a large extent replicated the UTIAC’s approach. The article focuses on how “slavery,” “servitude” and “forced labour” under article 4 of the European Convention on Human Rights (“ECHR”) have been interpreted in the British and Swiss case-law. While both, the British and the Swiss Courts, had recourse to the European Court of Human Rights’ (“ECtHR”) interpretation of article 4(1) ECHR (the right not to be subjected to slavery or servitude), they refused the applicability of international criminal law notions to this provision, and thus to the concept of “persecution” in article 1A(2) of the 1951 Refugee Convention. In doing so, the UTIAC and the FAC set unreasonable requirements to satisfy article 4(1) ECHR. Due to the very limited case-law pertaining to slavery by the ECtHR, the ECHR does not offer an appropriate framework for examining asylum applications of victims of slavery. It is therefore suggested that slavery cases are considered against a wider legal framework, which involves the examination of concepts developed by international criminal law (“ICL”). ICL has indeed developed a significant body of jurisprudence on the interpretation of the international law concept of “slavery” and its application to contemporary situations. The article contrasts the British and Swiss Courts’ position to develop an interpretative approach that connects different areas of international law, including not only international refugee law and international human rights law (“IHRL”), but also ICL. If applied in line with the principle of systemic integration and according to the overall purposes of the 1951 Refugee Convention, this approach would yield consistent results. Ultimately, this article seeks to assist asylum decision-makers and practitioners in the interpretation and application of the refugee definition to asylum applications of persons from Eritrea.

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Managing Legal Diversity in Europe’s Area of Criminal Justice: The Role of Autonomous Concepts

Mitsilegas¹

2016

EU Criminal Justice and the Challenges of Diversity

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Systematising Systemic Integration: 'War Refugees', Regime Relations, and a Proposal for a Cumulative Approach to International Commitments

Cited by 4 publications

References 27 publications

Vulnerability and marginalisation at sea: maritime search and rescue, and the meaning of ‘place of safety’

Vulnerability and marginalisation at sea: maritime search and rescue, and the meaning of ‘place of safety’

The Eritrean Military/National Service Programme: Slavery and the Notion of Persecution in Refugee Status Determination

Managing Legal Diversity in Europe’s Area of Criminal Justice: The Role of Autonomous Concepts

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