Cover -- Half-title -- Title -- Copyright -- Contents -- Contributors and Editors -- Acknowledgements -- Abbreviations -- 1 Transnational law, judges and refugees in the European Union -- Transnational Law, policy harmonization and refugees in the European Union -- Exploring transnational refugee law -- 2 Where is the reference? On the limited role of transnational dialogue in Belgian refugee law -- Introduction -- The refugee status determination process in Belgium -- Migration and asylum law -- Admissibility of the claim -- From 1988 to 1 June 2007 -- Since 1 June 2007 -- Determination of the merits of the claim -- From 1988 to 1 June 2007 -- Since 1 June 2007 -- The legal framework within which the asylum authorities operate -- Survey of the case law in Belgium -- Detailed analysis -- The Interpretation of the Refugee Convention -- Similar facts -- Civil law -- Judgments of the European Court of Human Rights -- On the absence of a transnational dialogue -- A rational account on the absence of a transnational dialogue -- Linguistic constraints -- Time constraints -- Access to foreign case law -- A cultural account on the absence of a transnational dialogue -- The style of judgments and the legal culture -- The conceptual legal framework within which the judge operates -- The domestic dynamic surrounding refugee law cases -- 3 Transnational refugee law in the French courts: deliberate or compelled change in judicial attitudes? -- Introduction -- The asylum decision-making process in France -- The use of foreign law by French courts: empirical focus on refugees and asylum jurisprudence -- Methodology -- Council of State -- Refugee Appeals Board/National Asylum Court -- Reasons for the lack of transnational traffic of jurisprudence between France and its EU partners -- Rational account -- Language -- Time constraints and access -- Training.

Cultural account -- Style of judgments -- The conceptual legal framework within which the judge operates -- The domestic dynamic surrounding cases -- Conclusion -- 4 The use of foreign asylum jurisprudence in the German administrative courts -- Introduction -- The role of jurisprudence and academic writing in German refugee law cases -- The role of jurisprudence and academic writing in the interpretation of the law -- The use of foreign law in the process of fact-finding -- The use of foreign jurisprudence by German courts - empirical study -- References and discussion of foreign case law in published court decisions -- Survey among German administrative court judges -- Reasons for the lack of reference to foreign jurisprudence -- Access and language -- The 'Two-Worlds Doctrine' -- 5 The solipsistic legal monologue of Italian authorities -- A brief introduction to the Italian legal mind -- International protection in Italy: the institutional framework -- Old principles of recent implementation -- The comparatively small number of asylum applications until 2007 and the recent increase -- The two Italian asylum procedures -- Constitutional asylum: lack of implementing procedures -- Refugee status determination and subsidiary protection -- The use of foreign law by authorities deciding on international protection -- Deciding authorities -- Administrative authorities: Central, Local and Integrated Commissions -- Judicial authorities: administrative and civil courts -- The opinion of selected key practitioners -- Conclusion -- 6 'Thou shalt not judge'… Spanish judicial decision-making on asylum and the role of judges in interpreting the law -- Introduction -- Asylum as a subjective right of individuals in the Spanish legal order -- The Spanish asylum procedure -- Admissibility procedure -- Applications at the border -- In-country applications.

Examination on the merits -- The Spanish legal order the role of judges in interpreting international treaties and the value of jurisprudence and precedent -- Analysis of case law and main findings -- Conclusion -- 7 The British judiciary and the search for reciprocal relations with its continental partners -- Introduction -- Conception of asylum and the decision-making process in the United Kingdom -- Initial decision -- Appeals -- The use of foreign law in the British courts: empirical focus -- House of Lords -- English Court of Appeal and Scottish Court of Session -- High Court -- Administrative Court -- Asylum and Immigration Tribunal -- Reasons for the lack of traffic in jurisprudence between the UK and its EU partners -- Rational account -- Language -- Time constraints and access -- Training -- Cultural account -- Style of judgments -- The conceptual framework within which the judge operates -- The domestic dynamic surrounding refugee law cases -- Conclusion -- 8 Speaking across borders: the limits and potential of transnational dialogue on refugee law in Ireland -- Introduction -- Asylum determination in Ireland: the process -- Status of foreign case law -- Selected decisions of the Refugee Appeals Tribunal -- Conclusion -- 9 The absence of foreign law in Danish asylum decisions - quasi-judicial monologue with domestic policy focus? -- Introduction -- Procedure and organization of the decision-making process -- General features of judicial control of the executive -- Admissibility issues and first instance examination of asylum applications -- Appeals procedure -- Special review procedure in manifestly unfounded cases -- The use and absence of foreign law -- Method and premise of the study -- Case law reports from the Refugee Appeals Board -- Survey of practising lawyers.

Explanatory context - and potential challenges to the absence of transnational law -- Denmark's reservation towards EC harmonization -- Finality clause: no ordinary judicial review -- Dualistic tradition and judicial pragmatism -- The 'domestication' dilemma - and the emerging challenges -- 10 Foreign law in Swedish judicial decision-making: playing a limited role in refugee law cases -- Introduction -- Sweden and public international law -- The judicial system -- General comments -- The Swedish asylum procedure -- A survey of national case law on asylum -- Methodology -- Government -- Aliens Appeals Board -- Migration Courts -- Migration Court of Appeal -- 'Invisible traffic' -- General comments on the survey -- Possible reasons for the lack of reference to foreign jurisprudence in Swedish refugee law judgments -- Rational account -- Cultural account -- Conclusion -- 11 The search for the one, true meaning… -- Introduction -- Basic principles of interpretation -- 'Subsequent practice' and the UNHCR Handbook -- The theory and practice of treaty interpretation -- 'Subsequent practice' and 'foreign citation' -- The role of UNHCR -- Approaches to interpretation in the case law of the United Kingdom -- The search for 'autonomous meaning' -- The place of the UNHCR Handbook in the pursuit of autonomous meaning -- Express words and the limits to interpretation -- Interpretation in the face of ambiguity or obscurity -- The 'living instrument' approach -- Conclusion -- Bibliography -- Index.