Globalization often serves as a perfunctory point of reference for positioning the development of... more Globalization often serves as a perfunctory point of reference for positioning the development of international courts and tribunals (ICTs). The dominant scholarship in international law engages almost exclusively with formal law. This chapter argues that globalization-focused research can provide critical insights into how international justice can be delivered more efficiently. Empirical data illustrate the implications of the roles adopted by professionals in the courtroom and suggest how they can be adapted in future reforms to enhance trial efficiency. The conclusion argues that the observation of trial practice through the lens of international integration can oil the slow wheels of justice.
The Refugee Law Reader: Cases, Documents and Materials (4th edn.) is a comprehensive on-line mode... more The Refugee Law Reader: Cases, Documents and Materials (4th edn.) is a comprehensive on-line model curriculum for the study of the complex and rapidly evolving field of international refugee law. It was initiated and is supported by the Hungarian Helsinki Committee and funded by the European Refugee Fund and the United Nations High Commissioner for Refugees (UNHCR). The Reader is aimed for the use of professors, lawyers, advocates, and students across a wide range of national jurisdictions. It provides a flexible course structure that can be easily adapted to meet a range of training and resource needs. The Reader also offers access to the complete texts of up-to-date core legal materials, instruments, and academic commentary. In its entirety, the Refugee Law Reader is designed to provide a full curriculum for a 48-hour course in International Refugee Law and contains over 600 documents and materials.
English abstract: Aiming to advance protection standards, refugee law specialists have produced a... more English abstract: Aiming to advance protection standards, refugee law specialists have produced a vast body of advocacy scholarship. Literature within the field is framed by a protection narrative that speaks of a human rights approach to refugee law premised on legal duties and moral obligations towards refugees and the economic and cultural benefits that flow from fulfilling them. Having previously enjoyed varying degrees of acceptance by European policy makers and the public, the protection narrative has lost traction in the current EU refugee crisis. This article explores why this has happened by looking at the protection narrative and how refugee law speaks to politics. Discourse in the refugee rights is focused on the 1951 Convention and is commonly situated within an adversarial dialectic vis-a-vis governments. It is also marked by silences regarding core anxieties of the public which include how refugee policy impacts marginalized host communities, immigration and deportatio...
List of Figures and Tables. Abbreviations. Introduction. 1. Western European Asylum Policies for ... more List of Figures and Tables. Abbreviations. Introduction. 1. Western European Asylum Policies for Export: The Transfer of Protection and Deflection Formulas to Central Europe and the Baltics. 2. The Central Link: Germany, Poland and the Czech Republic. 3. The Southern Link: Austria and Hungary. 4. The Northern Link. 5. Protection in a Spirit of Solidarity? 6. Title IV TEC and the Schengen Integration Protocol with Special Regard to Implications on Accession Candidates. 7. Recent Developments in Central Europe and the Baltic States in the Asylum Field: A View from UNHCR and the Strategies of the High Commissioner for Enhancing the Asylum Systems of the Region. 8. Future Perspectives: Accession and Asylum in an Expanded European Union. 9. Transformation of Asylum in Europe. Select Bibliography. List of Contributors. Index.
The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to... more The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles? FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights...
In 2015 Europe’s refugee protection crisis triggered the effective collapse of the world’s most c... more In 2015 Europe’s refugee protection crisis triggered the effective collapse of the world’s most complex regional framework for asylum. A development both unexpected and unexplained by the hierarchical model of European asylum law that tends to dominate the scholarly field. The abandonment among member states of core obligations under international and EU law and the principles of solidarity and good faith is central to this crisis. This dynamic has been in the making since the accession process when EU membership was offered in exchange for transposing international obligations through the EU asylum acquis, collectivizing external border control and shifting refugee ‘responsibility’ to new member states with minimal standards for refugee protection and weak enforcement mechanisms. Yet, the critical feature of this asylum crisis is its development into a European constitutional crisis, impacting freedom of movement, sincere co-operation, democracy, and the rule of law. A hierarchical...
Globalization often serves as a perfunctory point of reference for positioning the development of... more Globalization often serves as a perfunctory point of reference for positioning the development of international courts and tribunals (ICTs). The dominant scholarship in international law engages almost exclusively with formal law. This chapter argues that globalization-focused research can provide critical insights into how international justice can be delivered more efficiently. Empirical data illustrate the implications of the roles adopted by professionals in the courtroom and suggest how they can be adapted in future reforms to enhance trial efficiency. The conclusion argues that the observation of trial practice through the lens of international integration can oil the slow wheels of justice.
The Refugee Law Reader: Cases, Documents and Materials (4th edn.) is a comprehensive on-line mode... more The Refugee Law Reader: Cases, Documents and Materials (4th edn.) is a comprehensive on-line model curriculum for the study of the complex and rapidly evolving field of international refugee law. It was initiated and is supported by the Hungarian Helsinki Committee and funded by the European Refugee Fund and the United Nations High Commissioner for Refugees (UNHCR). The Reader is aimed for the use of professors, lawyers, advocates, and students across a wide range of national jurisdictions. It provides a flexible course structure that can be easily adapted to meet a range of training and resource needs. The Reader also offers access to the complete texts of up-to-date core legal materials, instruments, and academic commentary. In its entirety, the Refugee Law Reader is designed to provide a full curriculum for a 48-hour course in International Refugee Law and contains over 600 documents and materials.
English abstract: Aiming to advance protection standards, refugee law specialists have produced a... more English abstract: Aiming to advance protection standards, refugee law specialists have produced a vast body of advocacy scholarship. Literature within the field is framed by a protection narrative that speaks of a human rights approach to refugee law premised on legal duties and moral obligations towards refugees and the economic and cultural benefits that flow from fulfilling them. Having previously enjoyed varying degrees of acceptance by European policy makers and the public, the protection narrative has lost traction in the current EU refugee crisis. This article explores why this has happened by looking at the protection narrative and how refugee law speaks to politics. Discourse in the refugee rights is focused on the 1951 Convention and is commonly situated within an adversarial dialectic vis-a-vis governments. It is also marked by silences regarding core anxieties of the public which include how refugee policy impacts marginalized host communities, immigration and deportatio...
List of Figures and Tables. Abbreviations. Introduction. 1. Western European Asylum Policies for ... more List of Figures and Tables. Abbreviations. Introduction. 1. Western European Asylum Policies for Export: The Transfer of Protection and Deflection Formulas to Central Europe and the Baltics. 2. The Central Link: Germany, Poland and the Czech Republic. 3. The Southern Link: Austria and Hungary. 4. The Northern Link. 5. Protection in a Spirit of Solidarity? 6. Title IV TEC and the Schengen Integration Protocol with Special Regard to Implications on Accession Candidates. 7. Recent Developments in Central Europe and the Baltic States in the Asylum Field: A View from UNHCR and the Strategies of the High Commissioner for Enhancing the Asylum Systems of the Region. 8. Future Perspectives: Accession and Asylum in an Expanded European Union. 9. Transformation of Asylum in Europe. Select Bibliography. List of Contributors. Index.
The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to... more The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA’s historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to ‘monitor’, and how its research impacts the delicate equilibrium between these two contesting roles? FRA's experience as the first ‘embedded’ human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights...
In 2015 Europe’s refugee protection crisis triggered the effective collapse of the world’s most c... more In 2015 Europe’s refugee protection crisis triggered the effective collapse of the world’s most complex regional framework for asylum. A development both unexpected and unexplained by the hierarchical model of European asylum law that tends to dominate the scholarly field. The abandonment among member states of core obligations under international and EU law and the principles of solidarity and good faith is central to this crisis. This dynamic has been in the making since the accession process when EU membership was offered in exchange for transposing international obligations through the EU asylum acquis, collectivizing external border control and shifting refugee ‘responsibility’ to new member states with minimal standards for refugee protection and weak enforcement mechanisms. Yet, the critical feature of this asylum crisis is its development into a European constitutional crisis, impacting freedom of movement, sincere co-operation, democracy, and the rule of law. A hierarchical...
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Papers by Rosemary Byrne