Overview
In this study, Eman Hamdan examines the protection against refoulement under the European Convention on Human Rights and the UN Convention against Torture, with the aim to determine which of those Conventions affords better protection for international protection seekers. Hamdan explores the scope and content of the principle of non-refoulement under both Conventions and the application of the principle to the immigration control measures and the extraordinary rendition operations. The author provides a comprehensive and comparative analysis of the case-law of both the European Court of Human Rights and the UN Committee against Torture on the procedural and substantive aspects of the principle of non-refoulement, in order to help practitioners to determine which of these human rights treaty bodies is more favorable for their specific non-refoulement case. This book was chosen to participate in the Professor Walther Hug Prize 2014-2015, which is a prize for the best legal researches in Switzerland for each academic year.
Full Product Details
Author: Eman Hamdan
Publisher: Brill
Imprint: Martinus Nijhoff
Volume: 115
Dimensions:
Width: 15.50cm
, Height: 2.80cm
, Length: 23.50cm
Weight: 0.754kg
ISBN: 9789004319387
ISBN 10: 9004319387
Pages: 404
Publication Date: 02 June 2016
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: Available To Order
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Reviews
In sum, I can warmly recommend this very well written and structured book to anyone working in the area of or interested in non-refoulement. With the current refugee crisis and attempts to counter terrorism, the very essence of the principle of non-refoulement is under threat. This book is thus highly relevant and very timely. The direct comparison between the procedures and jurisprudence of the ECtHR and the ComAT, the two most important bodies in the context of nonrefoulement, make this book an invaluable reference for practitioners. Moreover, the detailed analysis of the tension between certain immigration control policies and non-refoulement is a particular strength of this book. Similarly, the comprehensive list of factors and evidence that are taken into account by the ECtHR and the ComAT in assessing the risk of torture are an especially welcome contribution for practitioners when substantiating a complaint. NICOLE BUERLI, Human Rights Adviser, World Organisation against Torture, Israel Law Review 50(2) 2017, pp 245-250.
Author Information
Eman Hamdan, graduated from the faculty of law, University of Aleppo (2003), had a master's degree in International Law, University of Damascus (2006), and a doctorate's degree in Constitutional Law, University of Geneva (2015).
