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THE PROMISE OF THE NEW SWISS ASYLUM PROCEDURE MODEL: CURRENT INTERNATIONAL PROTECTION IN E.U.(ROPE).

Authors :
Ameseder, Digdem
Source :
Indonesian Journal of International & Comparative Law; Apr2019, Vol. 6 Issue 2, p161-256, 96p
Publication Year :
2019

Abstract

Since its establishment, the Common European Asylum System tries to regulate asylum and related issues commonly within the E.U. territory. This paper focuses mainly on the current challenges as a result of misinterpretation of the international principles and norms in the E.U. law concerning the situations of the refugees from armed conflict regions. The methodology used here is the New Haven School which recognizes law as a continuing process of authoritative decision. The New Haven approach goes beyond the black letter of the law, the law in books. The New Haven School of Jurisprudence presents a constructive interdisciplinary approach to solving society's problems on the international and domestic plane. The first part will focus on the problem where the root causes for Europe's challenges in refugee law will be delimitated. The second part will give the stage for each claimant as a part of the "community" and define their values. The third part will exclusively focus on the past decisions, their conditioning factors, current law and decision trends within Europe and how the international as well as E.U. law is implicated domestically. The last two parts will focus on the appraisals, prediction of future trends, and they will further demonstrate how the Dublin Regulations transformed Europe's migration challenge into a legal crisis for the Common European Asylum System and what the new Swiss Model promises instead. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
23387602
Volume :
6
Issue :
2
Database :
Complementary Index
Journal :
Indonesian Journal of International & Comparative Law
Publication Type :
Academic Journal
Accession number :
137104414