Beyond Non-Refoulement: Status and International Human Rights Law

Thursday, July 30, 2015

1. Introduction

Refugees enjoy a distinct and unique standard of protection under international law within the framework of the international regime for the protection of refugees, which is based on the 1951 UN Convention on the Status of Refugees and its 1967 Protocol. These instruments do not include one of the most fundamental rights of refugees, namely, the right to be granted asylum, an essential premise for the enjoyment of other rights. The drafters of the Refugee Convention were well aware that refugees could find themselves without a country of asylum and...

The CJEU and its interaction with international law in the Qualification Directive: a calculated selectivity?

Thursday, February 12, 2015


The Court of Justice of the European Union (CJEU) is playing an ever important role in the development of European asylum law. The CJEU’s jurisdiction to rule in preliminary references as well as direct actions has a substantial impact on the definitional and interpretative guidance of EU asylum legislation. Indeed, the Court’s pronouncements are all the more instrumental given that both EU primary and secondary law make explicit reference to international treaties and human rights law. Given that EU asylum policy must be in accordance with...