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International Law Obligations To Readmit Persons

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Chapter Summary

This chapter identifies which obligations to readmit persons exist under general international law, and how these relate to the conclusion of readmission agreements. To the extent that an obligation to readmit under general international law would exist already, it is necessary to examine in which manner readmission agreements, which reiterate that obligation, relate to that international norm. The European Community regularly claims that general international law requires States to readmit own nationals. The chapter analyses several earlier scholarly reflections, and the role and influence of readmission agreements. When considering readmission obligations under international law, it is useful to distinguish between the following categories of persons: own nationals, third country nationals, former nationals, and persons formally recognised as refugees or stateless persons. The chapter finally discusses these categories separately, although focussing mainly on the obligations to readmit own nationals and third country nationals.

Keywords: European community; former nationals; general international law; own nationals; readmission agreements; readmission obligations; refugees; stateless persons; third country nationals



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