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The Individual Right To Asylum Under Article 3 Of The European Convention On Human Rights, David Scott Nance

Michigan Journal of International Law

International law does not recognize an individual right to be granted asylum. The emergence of a variant of such a right under the European Convention on Human Rights, albeit under limited conditions, therefore marks a major departure from customary law, a departure particularly noteworthy given that the parties to the Convention represent some of the most advanced legal systems in the world. The recognition of a right to asylum not only establishes a valuable precedent, but also has a direct impact on the status of refugees in Europe. Although no right of entry is provided, aliens already in countries of …