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Article
Whither the Accountability Theory: Second-Class Status for Third-Party Refugees as a Threat to International Protection
International Journal of Refugee Law
  • Jennifer Moore, University of New Mexico
Document Type
Article
Publication Date
1-1-2001
Abstract
This article cautions that the accountability theory strikes at the very heart of international protection, by threatening the international consensus underlying the provision of asylum to refugees. Part 2 presents a conceptual analysis of the accountability theory and its fundamental inconsistency with the principle of refugee protection. This philosophical approach is followed in Part 3 by a pragmatic examination of the impact of the accountability theory in the context of a regional burden-sharing regime that allows a European State, under certain circumstances, to return an asylum seeker to the country of first asylum. Part 3 concentrates on two asylum cases from the United Kingdom: ex parte Adan and Aitseguer, decided by the House of Lords, and TL v. The United Kingdom, a case ultimately brought before the European Court of Human Rights.
Disciplines
Citation Information
Jennifer Moore. "Whither the Accountability Theory: Second-Class Status for Third-Party Refugees as a Threat to International Protection" International Journal of Refugee Law Vol. 13 Iss. 1 (2001)
Available at: http://works.bepress.com/jennifer-moore/26/