Seeking Refuge in EU Delegations Abroad: A Legal Imbroglio Explored

25 Pages Posted: 19 Jan 2016

See all articles by Sanderijn Duquet

Sanderijn Duquet

Katholieke Universiteit Leuven - Leuven Centre for Global Governance Studies

Jan Wouters

KU Leuven - Leuven Centre for Global Governance Studies

Date Written: September 1, 2015

Abstract

A diplomatic mission abroad can assist an individual in (temporarily) escaping a host State’s jurisdiction within the latter’s territory, especially when this individual has a well-founded fear for the violation of his fundamental rights. In such cases, EU Member States have occasionally opened the doors of their diplomatic premises for urgent humanitarian reasons. This working paper investigates which legal framework would apply if one of the Delegations of the European Union’s worldwide diplomatic network were to offer shelter. It explores whether the EU – as an actor in international law and being founded on the values of respect for human dignity and human rights − may be legally obliged to uphold an extraterritorial non-refoulement principle in a diplomatic context. Finally, the paper studies delicate issues such as offering protection through diplomatic means, cooperation modes set up with EU Member States, and the processing of individual cases.

Keywords: 1961 Vienna Convention on Diplomatic Relations, EEAS, Union Delegations, EU Charter of Fundamental Rights, human rights defenders, refuge, non-refoulement

Suggested Citation

Duquet, Sanderijn and Wouters, Jan, Seeking Refuge in EU Delegations Abroad: A Legal Imbroglio Explored (September 1, 2015). Available at SSRN: https://ssrn.com/abstract=2718030 or http://dx.doi.org/10.2139/ssrn.2718030

Sanderijn Duquet

Katholieke Universiteit Leuven - Leuven Centre for Global Governance Studies ( email )

Deberiotstraat 34
Leuven, 3000
Belgium

Jan Wouters (Contact Author)

KU Leuven - Leuven Centre for Global Governance Studies ( email )

House De Dorlodot - Deberiotstraat 34
Leuven, B-3000
Belgium

HOME PAGE: http://www.globalgovernancestudies.eu

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