Chapter

Of autonomy, autarky, purposiveness and fragmentation : the relationship between EU asylum law and international humanitarian law

Violeta Moreno-Lax

Refuge from inhumanity ? : war refugees and international humanitarian law

Leiden ; Boston : Brill Nijhoff, 2014

p. 295-341

English

The undisputed human rights roots of subsidiary protection notwithstanding, Violeta Moreno-Lax reminds us that EU asylum law has developed as an autonomous system of international protection. This is particularly evident from the CJEU case law on subsidiary protection and the way in which Article 15(c) of the EU Qualification Directive has been construed. Taking account of the specificities of the EU legal order and drawing on the jurisprudence of the relevant courts and treaty bodies, Moreno Lax advocates for a return to the basics of treaty interpretation as a way to solving the interpretative impasse. Through the prism of Article 31 of the Vienna Convention on the Law of Treaties, it becomes apparent why systems of international law develop some sort of isolationism (or autonomy) and why recourse to extrinsic sources of interpretation should remain secondary.

• Full text : restricted access (ICRC)

• Refuge from inhumanity ? : war refugees and international humanitarian law / ed. by David James Cantor and Jean-François Durieux