Netherlands Quarterly of Human Rights
Volume 33, Issue 1, 2015, Pages 42-77

The safe third country concept in international agreements on refugee protection: Assessing state practice (Article)

Gil-Bazo M.-T.*
  • a Newcastle Law School, Spain

Abstract

One of the expressions of international cooperation among States in the field of refugee protection is the adoption of international agreements that implement the “safe third country” and the “country of first asylum” concepts. This paper examines the legal background to these concepts and State practice by considering three selected case studies (Spain, SouthAfrica and the US). The paper analyses the legal implications and significance of issues arising and provides a critique of the system and its premises. In particular, the paper considers whether a multilateral arrangement – such as the Dublin III Regulation or the Canada-US Agreement – has the potential to become a model for the development of an inter-State agreement whereby one of the State Parties effectively delivers all relevant international obligations (including the right to asylum) on behalf of all States bound by such system. The dual nature of the system is analysed, as an operational instrument creating obligations between States while at the same time allowing for the delivery of States’ international obligations towards refugees. © Netherlands Institute of Human Rights (SIM), Printed in the Netherlands.

Author Keywords

US South Africa Asylum Dublin Regulation International cooperation Spain Refugees First Country of Asylum Canada-US Safe Third Country Agreement Safe Third Country

Index Keywords

[No Keywords available]

Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-84925773729&partnerID=40&md5=8202935882e76f4949be84f0f09c5ea4

ISSN: 01693441
Cited by: 1
Original Language: English