Format:
Online-Ressource (244 S.)
Edition:
Online-Ausg.
ISBN:
9789004265431
Content:
The Right of an Alien to be Protected against Arbitrary Expulsion in International Law -- Copyright -- Contents -- Preface -- List of Abbreviations -- Introduction -- 1: Categories of Aliens and Types of Expulsion -- 1 Introduction -- 2 The Notion of an Alien -- 2.1 Long-Term Immigrants -- 2.2 Migrant Workers -- 2.3 Refugees -- 2.4 Stateless Persons -- 2.5 EU Citizens -- 3 The Notion of Expulsion -- 3.1 Individual Expulsion -- 3.2 Collective Expulsion -- 4 Lawful Residence Versus the Expulsion of an Alien -- 2: The Concept and the Development of the Right of an Alien Lawfully in the Territory of a State to be Protected against Arbitrary Expulsion -- 1 Historical Background -- 1.1 The Evolution of the Protection of an Alien Against Arbitrary Expulsion -- 1.2 The Development of the Right of an Alien to be Protected against Arbitrary Expulsion in 19th and 20th Centuries -- 1.3 International Human Rights Law and its Influence on Codification of the Right of an Alien to be Protected against Arbitrary Expulsion -- 2 The Notion of the Right of an Alien to be Protected against Arbitrary Expulsion -- 3: The Scope of Protection against Arbitrary Expulsion from a State of Legal Residence under International Human Rights Law -- 1 Introduction -- 2 The Right of an Alien to Respect for Private and Family Life -- 2.1 Introduction -- 2.2 The Protection of Private and Family Life of an Alien under Article 17 of the ICCPR -- 2.3 The Protection of Private and Family Life of an Alien under Article 8 of the ECHR -- 2.3.1 The Right of an Alien to Respect for Family Life -- 2.3.2 The Right of an Alien to Respect for Private Life -- 2.3.3 The Extent of Permissible Interference with Family and Private Life under Article 8 of the ECHR -- 2.3.4 Criminal Activity of Integrated Immigrants as a Basis to Revoke the Protection Guaranteed under Article 8 of the ECHR
Content:
2.3.4.1 Introduction -- 2.3.4.2 Dissenting Opinions of the Judges of the ECtHR on Balancing Family Life against Expulsion on Grounds of Criminality -- 2.3.4.3 Changes in the European Court's Approach to Integrated Aliens -- 2.3.4.4 Protection of Integrated Immigrants - Concluding Remarks -- 3 Prohibition against Expelling an Individual from his own Country -- 4 The Principle of Non-Discrimination -- 5 The Principle of Non-Refoulement -- 5.1 Introduction -- 5.2 Protection of Expelled Aliens under Article 33 of the Convention Relating to the Status of Refugees (Prohibition against Exposing Human Life or Freedom to Danger) -- 5.3 Protection of Expelled Aliens under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Prohibition of Torture) -- 5.4 Protection of Expelled Aliens under Article 7 of the ICCPR (Prohibition of Torture or Cruel, Inhuman Treatment or Punishment) -- 5.5 Protection of Expelled Aliens under Article 3 of the ECHR (Prohibition of Torture or Inhuman, Degrading Treatment or Punishment) -- 5.6 Controversy Concerning the Application of Non-Refoulement Principle -- 6 Conclusion -- 4: Procedural Measures and Guarantees to Which an Alien is Entitled To -- 1 Introduction -- 2 Legal Requirements of the Expulsion Decision -- 3 Right to Receive Notice of Expulsion Proceedings -- 4 Right to Submit Reasons against Expulsion -- 5 Right to Appeal to a Competent Authority to Have the Case Reviewed -- 6 Right to a Counsel -- 7 Grounds for Revoking Procedural Guarantees -- 8 Right to an Effective Remedy -- 9 Procedural Guarantees for EU Citizens in the Light of Directive 2004/38/EC -- 10 Diplomatic Protection -- 11 Conclusion -- 5: Polish Approach to Protection against Arbitrary Expulsion -- 1 Introduction -- 2 General Rules Governing the Protection of Aliens against Arbitrary Expulsion
Content:
2.1 Introduction -- 2.2 Procedural Safeguards -- 3 Respect for Private and Family Life as Grounds Precluding Arbitrary Expulsion under Polish Law -- 4 Conclusion -- 6: Responsibility of a State for Violating the Right of an Alien to be Protected against Arbitrary Expulsion -- 1 Introduction -- 2 Responsibility of a State for Arbitrary Expulsion in International Law -- 3 Reparation for Arbitrary Expulsion of an Alien -- 3.1 Types of Reparation -- 3.1.1 Restitution -- 3.1.2 Compensation -- 3.1.3 Satisfaction -- 4 Conclusion -- Conclusion -- Bibliography -- Index
Note:
Description based upon print version of record
,
The Right of an Alien to be Protected against ArbitraryExpulsion in International Law; Copyright; Contents; Preface; List of Abbreviations; Introduction; 1: Categories of Aliens and Types of Expulsion; 1 Introduction; 2 The Notion of an Alien; 2.1 Long-Term Immigrants; 2.2 Migrant Workers; 2.3 Refugees; 2.4 Stateless Persons; 2.5 EU Citizens; 3 The Notion of Expulsion; 3.1 Individual Expulsion; 3.2 Collective Expulsion; 4 Lawful Residence Versus the Expulsion of an Alien
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2: The Concept and the Development of the Right of an Alien Lawfully in the Territory of a State to be Protected against Arbitrary Expulsion1 Historical Background; 1.1 The Evolution of the Protection of an Alien Against Arbitrary Expulsion; 1.2 The Development of the Right of an Alien to be Protected against Arbitrary Expulsion in 19th and 20th Centuries; 1.3 International Human Rights Law and its Influence on Codification of the Right of an Alien to be Protected against Arbitrary Expulsion; 2 The Notion of the Right of an Alien to be Protected against Arbitrary Expulsion
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3: The Scope of Protection against Arbitrary Expulsion from a State of Legal Residence under International Human Rights Law1 Introduction; 2 The Right of an Alien to Respect for Private and Family Life; 2.1 Introduction; 2.2 The Protection of Private and Family Life of an Alien under Article 17 of the ICCPR; 2.3 The Protection of Private and Family Life of an Alien under Article 8 of the ECHR; 2.3.1 The Right of an Alien to Respect for Family Life; 2.3.2 The Right of an Alien to Respect for Private Life
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2.3.3 The Extent of Permissible Interference with Family and Private Life under Article 8 of the ECHR2.3.4 Criminal Activity of Integrated Immigrants as a Basis to Revoke the Protection Guaranteed under Article 8 of the ECHR; 2.3.4.1 Introduction; 2.3.4.2 Dissenting Opinions of the Judges of the ECtHR on Balancing Family Life against Expulsion on Grounds of Criminality; 2.3.4.3 Changes in the European Court's Approach to Integrated Aliens; 2.3.4.4 Protection of Integrated Immigrants - Concluding Remarks; 3 Prohibition against Expelling an Individual from his own Country
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4 The Principle of Non-Discrimination5 The Principle of Non-Refoulement; 5.1 Introduction; 5.2 Protection of Expelled Aliens under Article 33 of the Convention Relating to the Status of Refugees (Prohibition against Exposing Human Life or Freedom to Danger); 5.3 Protection of Expelled Aliens under Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Prohibition of Torture); 5.4 Protection of Expelled Aliens under Article 7 of the ICCPR (Prohibition of Torture or Cruel, Inhuman Treatment or Punishment)
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5.5 Protection of Expelled Aliens under Article 3 of the ECHR (Prohibition of Torture or Inhuman, Degrading Treatment or Punishment)
Additional Edition:
ISBN 9789004265448
Additional Edition:
ISBN 9789004265431
Additional Edition:
Print version The Right of an Alien to be Protected against Arbitrary Expulsion in International Law
Language:
English
Keywords:
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