Whither the Accountability Theory: Second-Class Status for Third-Party Refugees as a Threat to International Protection

Authors

Jennifer Moore, University of New Mexico - School of LawFollow

Document Type

Article

Publication Date

1-1-2001

Abstract

This 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.

Publication Title

International Journal of Refugee Law

Volume

13

Issue

1

Recommended Citation

Jennifer Moore, Whither the Accountability Theory: Second-Class Status for Third-Party Refugees as a Threat to International Protection, 13 International Journal of Refugee Law (2001).
Available at: https://digitalrepository.unm.edu/law_facultyscholarship/369