Vincent Chetail's research while affiliated with Graduate Institute of International and Development Studies and other places
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Publications (67)
This paper is assessing the legality of border closures decided by a vast number of countries with the view of limiting the spread of Covid-19. Although this issue has raised diverging interpretations in relation to International Health Regulations and regional free movement agreements, international human rights law provides a clear-cut answer: th...
The Global Compact for Safe, Orderly and Regular Migration has prompted an intense political debate at both the international and domestic levels. Most controversies focus on its legal stance and highlight the hybrid character of the Compact as a soft-law instrument. While acknowledging the political nature of the Compact, this paper delves into it...
The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate into an international crime. The prohibition of deportation has been a well-...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The Handbook consists of 32 Chapters in seven parts. Part I provides the historical background and sets out some of the contemporary challenges. Part II considers the relevant sources of international law. Part III describes the different legal regimes: land warfare, air warfare, maritime warfare, the law of occupation, the law applicable to peace...
The EU has undeniably set the rules of the asylum game in Europe so that the Swiss free rider position became increasingly untenable. Both its inner geographical location and its fear of secondary movements of asylum-seekers prompted a first step towards the Common European Asylum System: the Dublin Association Agreement. What the Swiss Confederati...
International law has been defined as consisting of ‘rules and principles of general application dealing with the conduct of states and of international organizations and with their relations inter se, as well as with some of their relations with persons, whether natural or juridical’. As underlined by this definition, international law is no longe...
The present chapter questions the multifaceted interactions between international refugee law and human rights law. It argues that, contrary to prevailing professional wisdom, the Geneva Convention is not a human rights treaty in the orthodox sense, for both historical and legal reasons. However, human rights law has radically informed and transfor...
This chapter analyses the role and limits of multilateralism in the field of international migrations. It provides a critical assement of international migration law as enshrined in customary law and treaty law.
The contemporary regime of refugee protection is part of the long tradition of asylum, whose legal categories have been shaped by general international law. The article aims at analysing the origins of international refugee law through an inquiry into the theory and practice of territorial asylum since the XVIth century until the First World War. C...
The current economic crisis occurs at a turning point of the EU asylum policy. After a frenetic phase leading up to the adoption of numerous EU directives and regulations, the Common European Asylum System (CEAS) has now entered a second phase of consolidation of the asylum acquis. This new impulse paves the way for a re-assessment of the whole CEA...
This article is a book review of: "Migration and Human Rights. The United Nations Convention on Migrant Workers’ Rights", Edited by R. Cholewinski, P. De Guchteneire and A. Pécoud, Cambridge University Press, 2009. It focuses on the contemporary challenges facing the Migrant Workers Convention, and more specifically on the reasons for the reluctanc...
The article explores the contribution of Abdelmalek Sayad's thinking to the contemporary challenges of international migration law.
The article explores the influence of Vattel on the development of public international law.
The articles explores the potential and the limits of the principle of complementarity under the Rome Statute.
The article examines the role of the migration-development nexus on the evolution of the EU Asylum and Immigration Policy.
Book review of the monography: "Nationality Matters. Statelessness Under International Law", written by Laura Van Waas.
Book review of "Forced Migration, Human Rights and Security", edited by Jane McAdam.
The article retraces the difficult and sometimes tortuous path which led to the establishment of the Human Rights Council and it analyzes its implications for the UN human rights system.
Book review of "Housing, Land and Property Restitution Rights of Refugees and Displaced Persons. Laws, Cases and Materials", edited by Scott Leckie.
Foreword for the special issue on: "Displacement, Peace Processes and Post-Conflict Peacebuilding.
The article explores the origin and the meanings of the concept of post-conflict peacebuilding.
The article explores the concept of combatant as the key component of international humanitarian law.
The papers explores the origin and the meanings of post-conflict peacebuilding through the perception of international actors. It analyses the strategies of post-conflict peacebuilding and its al legal framework.
This article explores the different conceptions of the migration-development nexus through the practice of the United Nations and the European Union. It analyzes the potential, but also the limits, of the migration-development nexus for reframing North-South cooperation
Book review of "International Migration and Global Justice" published by Satvinder Singh Juss.
Foreword for the special issue on: "Asylum and the Universal Declaration of Human Rights".
The article explore the international subjectivity of individuals under public international law.
The article proposes a brief overview of the international norms governing migration.
Foreword for the special issue on: "UNCHR and the Global Cold War".
The article examines the potential and the limits of the Human Rights Council.
The article analyzes the evolution of the concept of genocide since 1945.
The article analyzes the Human Rights Council one year after its establishment.
The article analyzes the role of international law for governing migration. It presents the historical contribution of international law and the contemporary norms and challenges for providing a legal framework to the movement of people.
The article analyzes the role and the impact of the EU Qualification Directive in the French case-law and legislation.
Book review of "The European Immigration and Asylum Policy: Critical Assessment Five Years after the Amsterdam Treaty", edited by F. Julien-Laferriere, H. Labayle and O. Edstrom.
The article analyzes the scope and the content of the Schengen Border Code under EU law and international law.
The article examine the reform of the United Nations after the 2005 World Summit.
This paper is a short introduction to the special issue on "Internally Displaced Persons: The Challenges of International Protection"
This article is a book review of "The Emergence of a European Asylum Policy" edited by C. Dias Urbano De Sousa and P. Bruycker.
The article analyzes the interpretation of the Committee against torture on the principle of non-refoulement.
The article examines the influence of EU law in the French system of asylum.
The article analyzes the scope and the content of the principle of non-refoulement as interpreted by the European Court of Human Rights.
The article explores the meanings and the legal content of repatriation under international law.
The articles analyzes the institutional framework and the legal principles governing peacekeeping operations.
The article offers a comparative overview of the law of succession in France, the United Kingdom and Monaco.
The article presents the legal basis and the content of freedom of movement under human rights law instruments.
The article presents the contribution of Nansen to the international protection of refugees.
The artcile present the contribution of Switzerland to the international protection of refugees.
However few are the decisions of the Court relating to humanitarian law, its case law provides a very substantial assessment of the present state of international humanitarian law, in that respect which goes well beyond the immediate cases before it. From a general international law perspective, the World Court has contributed to identifying, clari...
The article analyzes the scope and the content of the principle of non-refoulement under the Geneva Convention relating to the refugee status.
The article examines the content of the right to health and its applicability to migrants.
Citations
... 81 According to Eric David, "the nature of hostilities and the quality of the actors are used as defining criteria to distinguish an armed conflict from banditry, terrorism, and short rebellions". 82 Also, Yoram Dinstein 83 and Anthony Cullen 84 distinguished between banditry and armed conflict in IHL. ...
... From the viewpoint of the international public law, a practice (usus) of the interested states supported by the opinio juris -a notion that a practice having its ground in international law could constitute a customary rule. In contemporary international law it has been agreed, that the Hague Rules of Aerial Warfare are part of customary humanitarian law 29 . It been discussed whether the draft was a source of international law during the Second World War 30 . ...
... -Upholding peace is an inherent obligation that a State cannot delegate; 1 -As they progress and develop, private military companies may create a real threat to the governments; 2 -Outsourcing state functions to private companies will limit state sovereignty. 3 As a result of the study, the Special Rapporteur suggested that such companies be prohibited, as they encourage mercenary activities. However, this po-sition later shifted to a proposal to develop a legal framework, should states deem legal the use of private military and security companies in armed conflict. ...
... 8 As a result, the legal aspiration of revitalizing global partnerships for the sustainable management of cross-border human mobility, a programmatic element in objective 23 of the GCM and already found in the 2016 New York Declaration, 9 falls short of enabling effective interconnections between the respective commitments, actions, and guiding principles of the two Global Compacts. The result is a "kaleidoscopic" melting pot of action plans, commitments, and objectives (Chétail 2020). Yet, some general principles are steeped so deeply in the narrative behind the Global Compacts that they are more likely to penetrate domestic implementation than others, despite the Compacts' unascertained acceptance by certain national policymakers. ...
... Birleşmiş Milletler'e göre pandemi, sığınmacılar, mülteciler ve göçmenler için sağlık, istihdam, eğitim, barınma ve korunmayı içeren çok boyutlu bir kriz halini almıştır (Guterres, 2020). Örneğin, salgınla mücadele kapsamında sınırların kapatılması ve seyahat kısıtlamasının getirilmesi, hem göçmen işçilerin ülkede sıkışmasına, hem de sığınmacıların korunma taleplerinin karşılanamamasına neden olmuştur (Ahmed, Jordan, ve Semple, 2020;Banulescu-Bogdan, Benton, ve Fratzke, 2020;Chetail, 2020). Birçok ülkede, düzensiz göçmenleri ve sığınmacıları salgından koruyacak kurumsallaşmış sistem eksikliğinin olması ve bu grupların tutuklanma veya sınır dışı edilme korkusu, onları sağlık sistemine erişmekten ve COVID-19 tedavisi almaktan alıkoymaktadır (Köşer Akçapar, 2020). ...
... But interpretations like Chetail's, cited above, in which the deportation in the normal run of migration control are examined as a possible crime against humanity are relatively novel. 102 It is precisely the 96 MORENO-LAX, supra note 18. 97 sense that accountability is not available anywhere else-that we are confronting entrenched "impunity"-that has invited their development. 103 In this regard, international criminal law may be a discipline especially designed to deal with the problem of accountability, which we seek to confront here. ...
... It is through their expanded interpretation of Article 1 of the 1951 Refugee Convention, that people qualify (or not) as vulnerable enough to be considered for resettlement. As is well established, refugees' rights and human rights are often perceived to go hand in hand both in legal text and practice (Chetail 2014). As such, understanding the extent to which humanitarian values are in fact organizing principles when it comes to refugee resettlement is important. ...
... En el mismo sentido, Loescher (2021) destaca que las personas que han migrado debido a una crisis económica generalizada inicialmente fueron excluidas de esa categoría jurídica. De hecho, para que sea considerado un refugiado según los instrumentos normativos mencionados, un migrante debe estar fuera de su país de origen y tener motivos razonables para temer una persecución estatal relacionada con su raza, nacionalidad, religión, pertenencia a grupo social u opinión política (Chetail, 2019). 3 ...
... 9 On June 27, 1921, the Council of the League of Nations established the position of the High Commissioner dealing with the affairs of Russian refugees which was in accordance with the solution of the legal status of refugees, assistance in their repatriation, employment and assistance along with charitable organizations. Since September 1921, Fridtjof Nansen, Norwegian traveler and scientist, was appointed the High Commissioner on Russian refugees (Chetail 2003). ...
... Peacebuilding encompasses the construction of memory and truth, transitional justice and reparation, the prevention of violence and crime, the reform of the armed forces and police, the physical reconstruction, the economic recovery, and political stabilisation (United Nations 2008. Additionally, the public and private sectors, the civil society, and the international community are differently engaged across the whole continuum and may drive or sink the peacebuilding momentum according to their interests (Galtung 1975;Boutros-Ghali 1992;Chetail 2009;Rettberg 2012). ...
