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Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent reflecting its practical importance. This edited volume attempts to fill the void. Academic experts on the theory of evidence, international criminal law, human rights law, refugee law, sociology of law and psychology have contributed chapters exploring both empirical and normative dimensions of evidentiary assessment.

Intro -- Negotiating Asylum: The EU Acquis, Extraterritorial Protection and the Common Market of Deflection -- ACKNOWLEDGEMENTS -- STRUCTURE -- TABLE OF CONTENTS -- LIST OF TABLES AND FIGURES -- ABBREVIATIONS -- 1 INTRODUCTION -- 1.1. Reminiscences from a Continuing Past -- 1.1.1 Protecting Communities I -- 1.1.2 Protecting Communities II -- 1.1.3 Protecting Communities Ill -- 1.1.4 The Ambiguity of Hindsight -- 1.2 Identifying the Problem -- 1.3 Delimiting the Problem -- 1.3.1 'Access' -- 1.3.2 'Extraterritorial Protection' -- 1.3.3 'Regulated' -- 1.3.4 'In the European Union' -- 1.4 Identifying Law -- 1.4.1 International Law -- 1.4.1.1 The Concept of 'International Law' -- 1.4.1.2 Sources of International Law -- 1.4.1.3 Normative Hierarchies within International Law -- 1.4.1.4 International Law and Justiciability Advantages -- 1.4.2 The Law of the European Union -- 1.4.2.1 Terminology -- 1.4.2.2 Primary and Secondary Law of the European Union -- 1.4.2.3 EC Law and Union Law: Conceptual Questions -- 1.4.2.4 EC Law: Sources and Normative Hierarchies -- 1.4.2.5 EC Law and Justiciability Advantages -- 1.4.2.6 Union law: Sources, Normative Hierarchies and Justiciability Advantages -- 1.4.2. 7 A Normative Hierarchy between EC Law, Union Law and International Law? -- 1.4.3 Intermediary Conclusion -- 1.5 Determining Law-Methodological Considerations -- 1.5.1 A Triple Dilemma -- 1.5.2 Structuring Conflicts -- 1.5.3 The Legal-technical Level -- 1.5.4 The Qualitative Level -- 1.5.5 The Metalega/ Leve/ -- 1.6 The Structure of Inquiry -- 2 UNIVERSALISM VERSUS PARTICULARISM -- 2.1 Choosing between Torture and Terrorism: Mr. Chahal vs. the U.K. Population -- 2.2 Universalism -- 2.3 Particularism -- 2.4 Human Rights versus Sovereignty -- 2.5 Artefact versus Organism -- 2.6 Meandering Arguments -- 3 DETERMINANTS OF PROTECTION SYSTEMS.

How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.

Preliminary Material /Gregor Noll -- Introduction /Gregor Noll -- Universalism versus Particularism /Gregor Noll -- Determinants of Protection systems /Gregor Noll -- European Integration and Extraterritorial Protection /Gregor Noll -- Access to Territory under the EU acquis /Gregor Noll -- Access to Full-Fledged Procedures under the EU acquis /Gregor Noll -- Access to Protection under the EU acquis /Gregor Noll -- Sharing the Burden? /Gregor Noll -- International Law and Extraterritorial Protection /Gregor Noll -- Interpreting Hard cases /Gregor Noll -- Delimiting and Justifying Protection under the ECHR /Gregor Noll -- Three Conflict Zones /Gregor Noll -- Demos, Determinacy and Justification /Gregor Noll -- Negotiating Asylum: A summary of Observations /Gregor Noll -- Cases /Gregor Noll -- International Treaties /Gregor Noll -- Instruments and Documents Related to the EU acquis /Gregor Noll -- Literature /Gregor Noll -- Index /Gregor Noll.

New military technologies are animated by fantasies of perfect knowledge, lawfulness, and vision that contrast sharply with the very real limits of human understanding, law, and vision. Thus, various kinds of violent acts are proliferating while their precise nature remains unclear. Especially man-machine ensembles, guided by algorithms, are operating in ways that challenge conceptual understanding. War and Algorithm looks at the increasing power of algorithms in these emerging forms of warfare from the perspectives of critical theory, philosophy, legal studies, and visual studies. The contributions in this volume grapple with the challenges posed by algorithmic warfare and trace the roots of new forms of war in the technological practices and forms of representation of the digital age. Together, these contributions provide a first step toward understanding--and resisting--our emerging world of war.

How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This volume is about the transformation of asylum in Europe in the context of the EU enlargement process. This transformation involves norms, as well as the procedures and resources for their implementation. In the candidate countries, as in the west, the process of transformations is marked by the tension between the interests of protection and migration control. Through their comprehensive analysis, the authors illuminate the legal and political dynamics which underlie this tension. Chapters trace the complex patterns of national, sub-regional and EU law and policy that are driving the future of asylum in an expanded Europe. This allows for reflection on what the transformation process tells us about the current EU asylum acquis, and what it tells us about the prospects for refugee protection in the new frontier states and beyond. This book is the result of a three year study carried out by academics and practitioners from the candidate countries, current Member States, and international organizations. It explores the evolution of refugee policy and practice in a changing Europe