Rights in Asylum Sharing and Other Human Transfer Agreements
Article [Accepted Manuscript]
Publisher(s)Netherlands Quarterly of Human Rights
- Université de Montréal. Faculté de droit
The article sets out the concept of a State-to-State human transfer agreement of which extradition and deportation are specialised forms. Asylum sharing agreements are other variations which the article explores in more detail. Human transfer agreements always affect at least the right to liberty and the freedom of movement, but other rights will also be at issue to some extent. The article shows how human rights obligations limit State discretion in asylum sharing agreements and considers how past and present asylum sharing arrangements in Europe and North America deal with these limits, if at all. The article suggests changes in the way asylum sharing agreements are drafted: for example, providing for a treaty committee would allow existing agreements to better conform to international human rights instruments and would facilitate State compliance to their human rights obligations.
CLARK Tom, CRÉPEAU François, "Human Rights in Asylum Sharing and Other Human Transfer Agreements", (2004) Netherlands Quarterly of Human Rights, 22.2, 217-240.