Whither the Accountability Theory: Second-Class Status for Third-Party Refugees as a Threat to International ProtectionInternational Journal of Refugee Law
AbstractThis 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.
Citation InformationJennifer 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/