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Bridging the Gap: Humanitarian Protection and the Convergence of Laws in E urope
Author(s) -
Dean Meryll
Publication year - 2014
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/eulj.12054
Subject(s) - convergence (economics) , bridging (networking) , directive , intersection (aeronautics) , law , political science , law and economics , sociology , economics , computer science , geography , computer security , programming language , economic growth , cartography
Abstract This article uses the thematic of humanitarian protection to examine the convergence of laws in E urope. It considers the heterogeneous architecture of the R efugee C onvention and E uropean C onvention on H uman R ights then analyses the homogenous framework of the EU 's C ommon A sylum S ystem and, in particular, the Q ualification D irective. It argues that in an area where international, regional and national laws intersect, convergence needs to be underpinned by M ember S tates adopting a common interpretative methodology that has international law at its core. A rticle 15 of the Qualification Directive (QD) is used to illustrate how this can be achieved. The article adds to the growing literature on the convergence of laws in E urope and illustrates the importance of adopting a common interpretative methodology. It suggests a paradigm for protection regimes around the world and a methodology that could be transplanted to other areas of law involving the intersection of international, regional and national laws.