Extradition, expulsion and other forms of an individual's removal: rights as specific limits to international cooperation

Prisca Feihle ()

Chapter 5 in An International Human Rights Law of Cooperation, 2025, pp 98-135 from Edward Elgar Publishing

Abstract: This chapter explores how the European Court of Human Rights (ECtHR) supervision over international cooperation was prominently initiated with the judgment of Soering v the United Kingdom (1989). It analyzes how the ECtHR further unfolded its review of international cooperation in cases concerning the interaction of states through the removal of an individual from one state to another. Generally, this line of cases illustrates how different rights guaranteed under the European Convention on Human Rights (ECHR) may limit the interaction between states in view of its consequences for an individual. In particular, non-refoulement obligations under the ECHR impose human-rights-based expectations upon international cooperation of states through the removal of an individual. At the same time, the chapter carves out how the ECtHR continues to appeal to a certain exceptionality of human rights imposing demands upon states and their cooperation in these contexts.

Keywords: Migration; Extradition; Expulsion; Non-refoulement; Prohibition of collective expulsion; Detention (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035335787
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