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How is access to asylum and other forms of extraterritorial protection regulated in the European Union? Is the EU acquis in these areas in conformity with international law? Which tools does international law offer to solve collisions between both? And, finally, is law capable of bridging the foundational oppositions embedded in migration and asylum issues? This work combines the potential of legal formalism with an analytical framework drawing on political theory. It analyses the argumentative strategies used by international lawyers, and developed them further, exploiting the interpretative...

Today, a majority of asylum cases are arguably decided on the basis of evidentiary assessment rather than issues of material law. Although the EU-wide Common European Asylum System purports to harmonise domestic practices at a minimum level, it fails to offer remedies for this crucial issue, which poses challenges for practitioners and academics alike. Without a coherent approach to evidentiary assessment, asylum law will remain fragmented and open to discretionary excess.
Up to now, academic research has not addressed issues of proof and credibility in the asylum procedure to an extent...