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Fragmented State Power and Forced Migration
A Study on Non-State Actors in Refugee Law
Author:
The relative decline of state power and the increase in the significance of various non-state actors is one of the greatest challenges faced by the legal framework for the international protection of refugees and other forced migrants over previous decades. A large number of asylum seekers applying for protection in Europe and other industrialized states originate from countries where the state structure is weak, if not non-existent, and where the threats faced by individuals stem primarily from actors other than the state authorities. The legal framework for international protection, which rests on a state-centric paradigm, is struggling with claims for protection arising from such situations. Drawing extensively on international and European law, international and national case law, as well as academic writings, this study analyzes the legal obligations that states have towards refugees and other forced migrants facing threats emanating from non-state actors, exploring the transformative possibilities embedded in the law in this respect.
Eeva Nykänen, LL.D, University of Turku, Finland, works as a post-doctoral researcher at the Faculty of Law of the University of Turku. Her research interests are in areas of immigration and asylum law, free movement of EU citizens, human rights law and gender and law.
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List of abbreviations; Acknowledgements;
1. Introduction;
1.1 Setting the Scene;
1.2 The Research Questions and Approaches;
1.3 The Structure of the Book;
2. Normative Foundations of the System of International Protection in Europe;
2.1 Introductory Remarks;
2.2. The Foundations of the System of Protection of Forced Migrants: The Refugee Convention;
2.3. Extension of Protection Obligations: Non-Refoulement, the European Convention on Human Rights and Immigration Control;
2.4 The Qualification Directive and the Evolving Regional Understanding of the Concepts of âRefugeeâ and âSubsidiary Protectionâ;
2.5 Concluding Observations;
3 Non-State Actors and the Refugee Definition;
3.1 Introductory Remarks;
3.2. On the Notion of Persecution;
3.3 Lack Of Protection as an Element of the Refugee Character;
3.4 The Nexus Requirement;
3.5 The Internal Protection Alternative;
3.6. The Actors of Protection;
3.7. Concluding Observations on the Refugee Definition;
4. The European Convention on Human Rights, Prohibition of Refoulement and Non-State Actors;
4.1 Introductory Remarks;
4.2 The Extent of and Justification for Non-Refoulement under the ECHR;
4.3 Non-Refoulement in the Context of the International Covenant on Civil and Political Rights and the Convention against Torture;
4.4 Non-Refoulement under Article 3 of the ECHR as an Absolute and Invariably Evolving Prohibition;
4.5 Triggering a Non-Refoulement Effect: Substantial Grounds for a Real Risk of Serious Harm;
4.6 Non-State Actors and Non-Refoulement;
4.7 Actors of Protection against Serious Harm;
4.8 The Internal Flight Alternative;
4.9 Concluding Observations on Non-Refoulement under the ECHR;
5. Subsidiary Protection and Non-State Actors;
5.1 Introductory Remarks;
5.2 Refugee Protection, Subsidiary Protection, the Nexus Requirement, and Actors of Harm;
5.3 On The Notion of Serious Harm;
5.4. Concluding Observations on Subsidiary Protection;
6. Concluding Remarks;
Sources; Index.
1. Introduction;
1.1 Setting the Scene;
1.2 The Research Questions and Approaches;
1.3 The Structure of the Book;
2. Normative Foundations of the System of International Protection in Europe;
2.1 Introductory Remarks;
2.2. The Foundations of the System of Protection of Forced Migrants: The Refugee Convention;
2.3. Extension of Protection Obligations: Non-Refoulement, the European Convention on Human Rights and Immigration Control;
2.4 The Qualification Directive and the Evolving Regional Understanding of the Concepts of âRefugeeâ and âSubsidiary Protectionâ;
2.5 Concluding Observations;
3 Non-State Actors and the Refugee Definition;
3.1 Introductory Remarks;
3.2. On the Notion of Persecution;
3.3 Lack Of Protection as an Element of the Refugee Character;
3.4 The Nexus Requirement;
3.5 The Internal Protection Alternative;
3.6. The Actors of Protection;
3.7. Concluding Observations on the Refugee Definition;
4. The European Convention on Human Rights, Prohibition of Refoulement and Non-State Actors;
4.1 Introductory Remarks;
4.2 The Extent of and Justification for Non-Refoulement under the ECHR;
4.3 Non-Refoulement in the Context of the International Covenant on Civil and Political Rights and the Convention against Torture;
4.4 Non-Refoulement under Article 3 of the ECHR as an Absolute and Invariably Evolving Prohibition;
4.5 Triggering a Non-Refoulement Effect: Substantial Grounds for a Real Risk of Serious Harm;
4.6 Non-State Actors and Non-Refoulement;
4.7 Actors of Protection against Serious Harm;
4.8 The Internal Flight Alternative;
4.9 Concluding Observations on Non-Refoulement under the ECHR;
5. Subsidiary Protection and Non-State Actors;
5.1 Introductory Remarks;
5.2 Refugee Protection, Subsidiary Protection, the Nexus Requirement, and Actors of Harm;
5.3 On The Notion of Serious Harm;
5.4. Concluding Observations on Subsidiary Protection;
6. Concluding Remarks;
Sources; Index.
Academics, legal practitioners, policy makers and civil society activists interested in recent developments in the legal framework for protection of refugees and other forced migrants.