Evaluation of the "Carriers' Liability" regime as a part of the EU asylum policy under public international law

Abstract

The European States, which transformed asylum into a legal concept in the post-WWII period, produced various mechanisms to eliminate this creation of theirs with the change in the world conjuncture and in their economic needs. Among these mechanisms, one that has not been studied much in Turkish literature is carriers' liability. This study aims to introduce the regime of carriers' liability, to connect the regime with the EU asylum policy and to evaluate the regime within the framework of public international law. Firstly, the European understanding of asylum is briefly reviewed from the historical perspective and afterwards the emergence of the carriers' liability regime within laws of European States' as well as EU law is addressed. Then legal problems that the regime creates and potential ways of recourse are discussed.