Safe Third Country

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A Need for Deconstruction of the Safe Third Country Concept Applied within the EU-Turkey Statement from March 18th, 2016

A Need for Deconstruction of the Safe Third Country Concept Applied within the EU-Turkey Statement from March 18th, 2016

It is vital to note that the safe third country notion, as set out in the APD, allows but does not obligate Member States to send applicants to third countries. According to the APD, a third country will be considered safe only if it fulfils four conditions that are related to safety and asylum practices: a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group, or political opinion; b) the principle of non-refoulement 1 in accordance with the Geneva Convention is respected; c) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected; and d) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention (Council Directive 2005/85/EC, Article 27 (1)).
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The Europeanisation of German asylum policy and the "Germanisation" of European asylum policy: the case of the "safe third country" concept

The Europeanisation of German asylum policy and the "Germanisation" of European asylum policy: the case of the "safe third country" concept

concept the German government had considerable scope for playing two-level games. It could plausibly maintain during the negotiations that its capacity to compromise was very limited due to constraints at the domestic level – most importantly the ongoing negotiations on the immigration bill as well as the applicable constitutional law. 137 With regard to the immigration bill, the German delegation communicated from the start of the negotiations onwards that it would only be able to present a unitary position and make concessions after a compromise on the immigration bill was reached between the Bund and Länder in the conciliation committee. Although the asylum procedure directive only marginally touched the immigration bill in substance, there was an implicit link between the two, as the CDU/CSU opposition was prepared to use any concessions made by the German government in relation to the Asylkompromiss (safe third country rule) at the EU level, to demand a trade off in the negotiations between Bund and Länder on the immigration bill (Interview-3, Brussels, 2007). Here, the opposition indicated that any changes to the Asylkompromiss would seriously threaten, for example any compromise on the question of including non-state and gender-specific persecution in national law, as foreseen by the EU Qualification Directive. 138 Second, the government could credibly refer to constitutional constraints. Any agreement, which did not allow Germany to keep its version of the safe third country concept, would require a change of the Grundgesetz, so the argument went. And this was to be avoided given that a 2/3 majority was necessary was such as change. Third, the CDU-dominated Bundesrat would not have supported any European concept derogating from the German standards. Hence, the German government could credibly refer to domestic constraints making it politically imperative to have the German safe third country concept recognised at the European level.
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The EU-Turkey Refugee Deal and its Assumption of Turkey of a Safe Third Country: A Legal Analysis

The EU-Turkey Refugee Deal and its Assumption of Turkey of a Safe Third Country: A Legal Analysis

Article 1 provides for the definition of a refugee. Article 3 ensures for the obligation of non-discrimination. Article 7 specifies the exemption from reciprocity, meaning that asylum seekers should be granted the same treatment as aliens. Article 9 is noteworthy as it allows for the taking of provisional measures in times of “grave exceptional circumstances”. Article 16 relates to access to courts and provides that free access to the court of law of the contracting state should be provided for. Moreover, refugees should receive the same treatment as nationals. Here, we must question how the Deal respects the ‘access to courts’ obligation when asylum seekers who have not filed an asylum claim are sent back to Turkey without having an opportunity to present their claim in a court of law on the territory of a European MS. Other important articles to this analysis are Article 25 pertaining to administrative assistance that is to be ensured to refugees who want to exercise their right and cannot without such assistance, Article 27 stating the obligation that contracting parties must provide identity papers to refugees not in possession of valid travel documents. Article 31 ensures that refugees who are unlawfully in a country cannot be penalized on account of their illegal entry, an important article the Deal is possibly in violation of. Finally, Article 33 relates to the prohibition of refoulement. It ensures that contracting states shall not return a refugee to a country where his freedom or life would be threatened on account or race, religion or nationality. It is this article that forms the basis of non-discrimination at the international level which is then taken over in European and national legislation.
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EU-Turkey Deal: Violation of, or Consistency with, International Law?

EU-Turkey Deal: Violation of, or Consistency with, International Law?

country designated as a “safe third country” complies with relevant international and EU laws, namely, that all four criteria are fulfilled: a) life and liberty of the asylum claimants and refugees are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion; b) there is no risk of serious harm as de- fined in Directive 2011/95/EU; c) non-refoulement is respected; d) the prohibition of re- moval, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment is respected; and e) the possibility exists to request refugee status and, if found to be a refugee, to be accorded Refugee Convention protection. 27
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Th is raises the question as to what is the correct position as a matter of international law. Th e Refugee Convention in fact contains many rights other than Article 33, and it might be argued that those rights already acquired by a refugee in the sending state are relevant to determining the validity of safe third country agreements. As soon as a refugee is within the territory of a state party (regardless of whether he or she has been recognized as a refugee by the state party), he or she is entitled to the following rights: Article 3 (non-discrimin- ation); Article 4 (freedom of religion); Article 13 (right to property); Article 16(1) (access to the courts); Article 20 (equality of access to rationing); Article 22 (right to educa- tion); Article 25 (administrative assistance); Article 27 (iden- tity papers); Article 29 (freedom from fi scal charges); Article 31(1) (non-penalization for illegal entry or presence); Article 31(2) (freedom from constraints on freedom of movement unless necessary); Article 33 (non-refoulement); and Article 34 (consideration for naturalization). In addition, the refu- gee has the possibility of acquiring further rights as his or her connection with the state strengthens.
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Does Lax Environmental Regulation Attract FDI when accounting for "third country" effects?

Does Lax Environmental Regulation Attract FDI when accounting for "third country" effects?

Last but not least, the third strand of literature analyzes in‡ows of FDI to di¤erent countries originating from various home countries at the aggregated, industrial or …rm level. In this type of studies, the evidence of a pollution haven a¤ect is quasi non-existent (Ratnayake and Widewald (1998), Smarzynska and Wei (2001), Eskeland and Harrison (2003), Mihci et al. (2005), Koop and Tole (2008)), although recent studies …nd a signi…cant PHE (Sparatenu (2007), Dam and Scholtens (2008)). In order to validate the pollution haven e¤ect, Ho¤mann et al. (2005) study whether FDI / pollution Granger cause pollution / FDI using new techniques in Granger causality with short time series and panel data. Their results suggest that a pollution haven e¤ect is more likely to happen in low-income host countries. More recently, Cole and Fredriksson (2006) and Cole, Elliot and Fredriksson (2006) examine whether the e¤ects of FDI on environmental policies is conditioned on the structure of host countries’ political institutions. They show that environmental policy should be treated as endogenous with respect to FDI in order to assess correctly the pollution haven e¤ect. Their results suggest that the e¤ects of FDI on the environmental policy are conditional on the government’s degree of corruptibility and sensitivity to lobbies. More precisely, pollution havens are more likely to occur in countries with few legislative units and low government honesty, which characterizes most low-income countries. In line with this …nding, Dam and Scholtens (2008) show that …rms with good (poor) social responsibility 2 tend to invest less (more)
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Granting a residence permit for humanitarian reasons is now referred to as “subsidiary protection” (article 7). The sit- uations that can be covered are both a little more specific and broader. Subsidiary protection may, therefore, be granted to people who are prevented from returning or unable to return to the country of nationality or residence because of a serious threat to their life or physical safety, as a result of “indiscriminate violence in situations of international or internal armed conflict or a widespread and indiscriminate violation of human rights.” In addition to these situations, subsidiary protection may also be granted to people who are at risk of being subjected to the death penalty or to torture or to inhuman or degrading treatment or punishment.
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A new perspective on the third country effect: The case of Malaysia US industry level trade

A new perspective on the third country effect: The case of Malaysia US industry level trade

consider to be the “third - country” effect has asymmetric effects on the Malaysia -U.S. commodity trade. Figure 1 shows significant exchange rate volatility based on two volatility measures of Malaysian ringgit against US dollar and Malaysian ringgit against Chinese yuan, respectively. Since this is the first study addressing asymmetric effects of the “third - country” effect, w e are curious to determine if Bahmani- Oskooee and Aftab’s (2017) findings will be alte red when we take into account the asymmetric effects of third country volatility. To that end, we introduce the models and methods in Section 2. Empirical results are presented in Section 3 with a summary in Section 4. Finally, we define the variables and provide source of data in an Appendix.
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The EU-Turkey Agreement: A Controversial Attempt at Patching up a Major Problem

The EU-Turkey Agreement: A Controversial Attempt at Patching up a Major Problem

A BSTRACT : On 18 March 2016 the European Union and Turkey reached an agreement aimed at solving the issue of the high numbers of migrants crossing the Mediterranean Sea from Turkey to Greece. This agreement intended to close the people-smuggling routes and reduce the number of migrants entering the EU. It focused principally on the following issues: returning to Turkey any migrant entering Greece from Turkey irregularly; and resettling, for every migrant readmitted by Turkey, another Syrian from Turkey. In order to compensate Turkey, the EU committed to accelerating the visa liberalisation roadmap and allocating six billion euros to Turkey to deal with the refugee crisis. Finally, both the EU and Turkey agreed to improve humanitarian conditions in Syria to allow Syrians to remain in the country. This agreement has been heavily criticised by humanitarian organisations and by the European population, and its consistency with international human rights and European laws on refugees is questionable. The agreement comprises nine action points. This paper will analyse five of those points in order to establish whether it respects EU and international law.
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Physicians and Safe Harbor Legal Immunity

Physicians and Safe Harbor Legal Immunity

In contrast to the first two types of safe harbor that protect conduct because it is either substantively or procedurally defined as low-risk, the third type of [r]

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UOG Audit - Tutorial 2.pdf

UOG Audit - Tutorial 2.pdf

The audit team were unable to attend the stock count at one of the warehouses located overseas (the current government guidelines are that the country is not safe to visit). Inventory [r]

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Does the European Convention on Human Rights Protect Refugees from "Safe" Countries?

Does the European Convention on Human Rights Protect Refugees from "Safe" Countries?

States that have accepted the notion of "safe" country have instituted a number of procedures for excluding asylum seekers, including the following: accelerating [r]

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What counts as evidence in adjudicating asylum claims? locating the monsters in the machine: an investigation of faith based claims

What counts as evidence in adjudicating asylum claims? locating the monsters in the machine: an investigation of faith based claims

We have also problematised the external evidence or country of origin information published by the Home Office, which forms the basis of decisions on Pakistani Christians’ claims to asylum. This evidence appears to underestimate the extent and forms of persecution experienced by Christians in Pakistan. For these Christians, both in Pakistan and many other Muslim majority countries, faith not only informs their identity but shapes all aspects of an individual’s private and public life. This reflects both the way in which Christians themselves experience their faith and also how they are regarded and treated by non-Christians (as employers, neighbours, the police and the judiciary).
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Strategically Smart Or Proficiency-Driven? An Investigation Of Reading Strategy Use Of EFL College Students In Relation To Language Proficiency

Strategically Smart Or Proficiency-Driven? An Investigation Of Reading Strategy Use Of EFL College Students In Relation To Language Proficiency

Third, in terms of reading difficulty, it seems safe to say that both proficient and less-proficient learners have the same problems or difficulties in their reading pro[r]

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Third-order Decentralized Safe Consensus Protocol for Inter-connected Heterogeneous Vehicular Platoons

Third-order Decentralized Safe Consensus Protocol for Inter-connected Heterogeneous Vehicular Platoons

11. A. Salvi, S. Santini, and A. S. Valente, "Design, analysis and performance evaluation of a third order distributed protocol for platooning in the presence of time-varying delays and switching topologies," Transportation Research Part C: Emerging Technologies, Vol. 80, (2017), 360-383.

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Migrant Workers’ Village as an Effort to Strengthen The Rights of Indonesian Migrant Workers

Migrant Workers’ Village as an Effort to Strengthen The Rights of Indonesian Migrant Workers

appropriate wages based on employment contract, social protection related to social security of migrant insurance, technical protection related to safe migration process. Information of employment contract, insurance, and the process given by village. Related to legal protection for the workers Suliati Grace also suggested that Indonesia must protect the citizens, including migrant workers [12]. Legal protection of workers, either with or without the help of the Organization of workers, through regulations, aims to protect the weaker party [12]. It means that legal protection for workers is a protection of unequal position between migrant workers and employers therefore it takes the role of Government to ensure the occurrence of it. From village government, it can provide a guarantee of protection for migrant workers and members of their families.
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EU initiatives supporting the integration of third-country nationals. Commission staff working document accompanying the communication on the European agenda for the integration of third-country nationals. SEC (2011) 957 final, 20 July 2011

EU initiatives supporting the integration of third-country nationals. Commission staff working document accompanying the communication on the European agenda for the integration of third-country nationals. SEC (2011) 957 final, 20 July 2011

The European Competitiveness Report 2009 stresses the attention on the potential that attracting foreign born, work forces would have for the economic records of the EU. 35 While international competition for migrants is focusing primarily on the highly skilled labour force, comprehensive migration policies need to address future labour market needs across the full skills spectrum. High-skilled migrants, including those born in one of the EU Member States, have in general lower labour market participation rates, higher unemployment rates and lower employment rates than natives with comparable qualifications, and they face a substantially higher risk of being employed in jobs that do not fit their skill profiles. Therefore, there is a need to give third-country nationals access to professional training, recognise their qualifications, and benefit from their skills and expertises, in order to improve their productivity rates. Such actions must be backed by measures to improve the social, cultural and political integration of migrants. Evidence shows that in many cases national approaches rely on complementary and more regionally based integration initiatives.
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Behind the scenes: a cross-country study into third-party website referencing and the online advertising ecosystem

Behind the scenes: a cross-country study into third-party website referencing and the online advertising ecosystem

The ubiquitous nature of the Internet provides an ideal platform for human commu- nication, trade, information sharing and learning. Websites play a central role in these activities as they often act as a key point of interaction for individuals in navigating through cyberspace. In this article, we look beyond the visual interface of websites to consider exactly what occurs when a webpage is visited. In particular, we focus on the various web scripts that are often programmatically executed, to explore the extent to which third-party sites are referenced. Our aim is to study these references and the eco- system that they create. To gain maximal impact while also allowing for a cross-country comparison, our study is scoped to an assessment of the top 250 sites in the UK, USA, Germany, Russia and Japan. From our analysis, there are various novel contributions of note. These include the empirical identification of a vast ecosystem of third-party information processing sites, especially advertisement networks, and the evidential discovery of a few significant players irrespective of country and locale. Through a user study, we also find that while individuals do have some knowledge of the prevalence of advertisements in websites, their understanding of the variety of activities that occur upon visiting websites, is not widely known. Going forward, we therefore advocate for increased transparency in such activities and the wider online advertisement ecosystem.
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Environmental Federalism and the Third Sovereign: Limits on State Authority to Regulate Water Quality in Indian Country

Environmental Federalism and the Third Sovereign: Limits on State Authority to Regulate Water Quality in Indian Country

Indian tribes are increasingly exercising their authority under the CWA. Although no tribe has yet taken pri macy for the NP DES per mit p rogr am, a t leas t ten tribes have been authorized to establish WQS for all waters within their reservations. As tribes determine WQS for their territori es, the effects on state authority will incr ease. NPDES permits issued within Indian country, including permits for activities on nonmember fee lands, will require complian ce with those standards. Federal NPDES permits issued to upstream state sources will also require complian ce with tribal WQS. And even sta te-issued NPDES perm its up strea m of tribes will require notice to downstream tribes an d consideration of tribal st andards.
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Returning Illegal Third Country Nationals residing in the EU: The Return Directive : An Issue of EU Concern?

Returning Illegal Third Country Nationals residing in the EU: The Return Directive : An Issue of EU Concern?

Third, a jointly agreed on policy strengthens the credibility of the EU towards other countries, since it not only proves a common stand and will of the members, but also assures that illegal immigrants are treated adequate and similarly throughout the EU. Furthermore, news of degrading detention centers in Italy where individuals have to wait for their “removal” in inhuman and terrible conditions have spread the word. An independent Commission set up by the Minister of Interior found out that there was among other problems no psychological assistance or social care and detention facilities were overcrowded. Moreover, vulnerable people, such as women and children have to live with drug abusers and criminals and detention time was often up to two months. 51 Of course, these conditions damage the image the EU
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