in English - The application of the non-refoulement principle at sea The aim of my thesis is to analyse how one of very important principles of the international law- the non-refoulement principle is applied at sea and what questions should the states bound by this principle ask in order to apply it properly. The thesis itself is composed of three main chapters. Chapter One deals with the non-refoulement in general and defines its content and how this principle is enshrined in international and regional documents. I also examine what are the aspects of the prohibition of refoulement in customary law and whether can it be at present considered as Customary International Law or not. In Chapter Two the excursion into Maritime Law occurs and also indispensable definition of individual maritime zones of Internal Waters, Territorial Waters, Contiguous Zone and High Seas is provided. In this chapter I also focus on the possible application of the non- refoulement outside the state's territory, i.e. its extraterritorial impact. Last but not least in regard to the operations held at sea it is necessary to define their character and different rights and duties arising from them. Subchapters deal with the "search and rescue" and also with the maritime interdiction programs issues whereas the Tampa case and...

Zugl.: @Diss.

Suite aux travaux de François Félix (2007) et de Jean-Philippe Ravoux (2005, 2007) se pose la question de la nature et du rôle de la notion d’inconscient dans la philosophie d’Arthur Schopenhauer (1788-1860). Cette problématique interne se double d’une question historique concernant le rapport de Schopenhauer à la psychanalyse freudienne. En effet, Schopenhauer est bien souvent associé – par des auteurs comme Clément Rosset ou Paul-Laurent Assoun – à cette première théorisation de l’inconscient. Freud lui-même le désignait comme l’un de ses précurseurs. D’où notre problématique : Schopenhauer peut-il véritablement être désigné comme l’un des précurseurs de Sigmund Freud ? Nous répondons à cette question en trois étapes. Dans un premier temps, en nous appuyant sur un relevé exhaustif de l’ensemble des passages dans lesquels cette notion apparaît, nous définissons et analysons de manière systématique le concept d’inconscient au sein de l’œuvre du philosophe. La seconde partie de cette thèse analyse la relation entre Schopenhauer et Freud. Nous cherchons ici à comparer le plus objectivement possible les conceptions schopenhauerienne et freudienne de l’inconscient, ainsi que de la pulsion, du refoulement, du ça, des rêves et de la folie. Enfin, poursuivant notre comparaison entre Schopenhauer et Freud, il s’agit pour nous de déterminer les points communs et les différences pouvant exister entre les conceptions schopenhauerienne et freudienne du sujet humain. / Not available

A temporary refuge for persons in need has become, in various forms, a solution to the mass influx of people around the world. Despite extensive practice, the institute remains almost unregulated by international law, and the only hard law remedy for temporary refuge is the EU Council Directive 2001/55/EC on Temporary protection. However, since the adoption of this Directive, the institute has not been used within the EU. This work aims to make a contribution to the discussion on the suitability of temporary refuge as a solution for a migration crisis in Europe and on a need to regulate this institute by universal international law norms. This thesis is divided into two chapters. The first chapter deals with the scope of a temporary refuge, its legal basis and situations which the institute can be applied to. To describe the situations for which the temporary refuge had been used as a solution to mass influx, the work provides an overview of the solution to mass influx in regions of Africa, Asia and Latin America. The second chapter deals with the analysis of three practical forms of the temporary refuge related to the solution of migration crises in Europe. The first case analyzed is the temporary refuge granted to people fleeing the conflict in the countries of the former Yugoslavia. It focuses...

Zugl.: Bremen, Univ., Diss., 2006

in English This thesis deals with the key principle of international refugee law which is the principle of non-refoulement. Thanks to this principle, entitled persons are protected from being returned to their country of origin where they would be in danger on the grounds listed in particular documents. The aim of my thesis is to define and analyze the nature, scope and content of this principle in particular international and regional documents and their subsequent comparison. The thesis itself is composed of seven main chapters. Chapter one contains a brief definition of the documents where the principle of non-refoulement is enshrined. Chapter two deals with the scope of the principle. The personal and territorial scope is examined in this chapter. In the third chapter, I focus on the nature of the principle in particular documents, the presence and interpretation of exceptions to the principle. I analyze primarily the Convention Relating to the Status of refugees in this chapter, since this Convention is the one containing exceptions to the principle. In the fourth chapter, I focus on the detailed analysis of the nature, scope and content of the principle in the particular documents. I examine which parts of the principle are identical or similar in those documents and which of them differ....

Uppsatsen behandlar svenskt asylrättsförfarande ur ett människorättsperspektiv med fokus på tillämpningen av utlänningslagen 12 kap 19 § utifrån avgöranden där Sverige fällts i HRC

The practice of so-called diplomatic guarantees in recent international law The aim of this thesis is to analyze the practice of so-called diplomatic assurances (guarantees) in contemporary international law and its possible impact on existing obligations of States related to the protection of human rights, especially in relation to the ban on torture. Diplomatic assurances enable a transfer of an individual from one State to another. They include an undertaking of the State receiving an individual that he or she will be treated in accordance with the conditions set by the sending State, i.e. generally in accordance with the human rights obligations. However, it has recently received a great deal of public attention due to a number of suspicious returns of alleged terror suspects into the countries with poor human rights record including a record of torture. Consequently, the opinion criticizing the reliance on diplomatic assurances evolved describing diplomatic assurances as a tool how to circumvent current obligations of States under international human rights law. First part of this thesis provides a general overview of diplomatic assurances, their history, what are the advantages and disadvantages of diplomatic assurances and whether diplomatic assurances could be considered as treaties under...

Diss. Univ. Heidelberg, 1995/96. / Buchhandelsausg. der Diss. Heidelberg, 1995/96. Literaturverz: S. 201-220.

"The rights of refugees and basic human rights are inextricably linked. Today's human rights abuse is tomorrow's refugee movements. Quite often, refugees' rights are curtailed by the same states that declare them in accordance with international and domestic instruments, only because they are non-nationals. While the foundation of refugee rights is the principle that all men and women have the right to belong to a society in which they are protected by the state, the respect to the principle of non-refoulement is at the core of being a refugee. Even though the Universal Declaration of Human Rights (UDHR) proclaims rights to all, including refugees, states use international principles of sovereignty to shut their doors in front of asylum seekers. Furthermore, it is not easy to utilise international mechanisms of protection to instigate complaints against a potential host state, based on its arbitrary act to shut its doors. This is because one needs to seek remedies before authorities of the same country where she or he has been denied. In addition, international law has few precedents on the matter even assuming it was treated as an exception to the former rule. This situation puts refoulement victims in a dilemma. ... Since the first time when the wave of asylum seekers from Rwanda hit Tanzania in 1959, the flow of refugees continues. Tanzania has hosted refugees not only from its neighbouring countries, but also as far as from South Africa, Zimbabwe and Somalia. With an estimated number of 602,00 refugees population in 2004, Tanzania was among the top five refugee-hosting countries in the world. Tanzania ratified the international and regional refugee instrumetns, as well as other human rights instruments that may enhance the protection of refugees. Subsequently, Tanzania enacted appropriate legislation in order to make the refugee instruments enforceable within the national legal framework. The principle of non-refoulement is enshriend in all legal instruments of which Tanzania has an international, regional and national obligation to respect. However, in recent years a trend of sporadic incidents in which the principle of non-refoulement was not respected, has been observed. For instance, in October 2004, 68 Burundian asylum seekers were forced to return to Burundi following the orders of the local authorities. One of the most recent incidents occurred in January 2005 when the government returned two families of nine persons, despite assurances made to UNHCR that they would be granted refugee status. This research looks at the obligation of the Government of Tanzania to protect rights of asylum seekers and refugees. This is in line with the principle of non-refoulement as enshrined under international and regional instruments of which Tanzania ratified. It further explores the role of international communities in responsibility sharing (often referred to in the humanitarian community as 'burden sharing') as a way to ensure that all states respect the principle of non-refoulement. ... The first part of this research is the introduction, that is, the background to the problem, problem statement, scope of the research, hypotheses, objective of the research, literature review, research methodology, and outline of chapters. The second chapter looks at the right to non-refoulement under international, regional and national legal instruments. Chapter three deals with respect of the principle of non-refoulement in the refugee operation of Tanzania. Chapter four examines the relationship between the principle of non-refoulement and responsibility sharing with a view to reflect on the role of the international community in promoting refugee rights. The last chapter is the conclusion of the research and recommendations." -- Introduction. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2005. / Prepared under the supervision of Dr. Atangcho Nji Akonumbo at the Department of Social Science and Management, Catholic University [of Central Africa] in Yaounde, Cameroon / http://www.chr.up.ac.za/academic_pro/llm1/dissertations.html / Centre for Human Rights / LLM