C Costello
Biographic Data
| ID | 29611 |
|---|---|
| NAME | C Costello |
| GIVEN NAMES | C |
| FAMILY NAME | Costello |
| SIGNATURE | COSTELLO C |
| AFFILIATIONS | Refugee Council |
| ORCID | 0000-0002-6915-9939 |
| VERIFIED | Yes |
| TOTAL WORKS | 17 |
| TOTAL CITATIONS | 26 |
| AUTHOR COUNT | 17 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1998 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 3 |
Constitutional Judging under Pressure: The Role of Judges in Safeguarding the Rule of Law, Equality, and Planetary Survival
Introducing the Special Issue on “Judging under Pressure,” this Article sets out three interlinked challenges facing constitutional courts, broadly understood: persisting inequalities, the climate crisis, and rising autocratization. The Articles in this Special Issue identify, analyze, and prescribe a set of judicial responses and strategies when judging under pressure. Some reimagine and recalibrate the role of judges, while others respond with …
The Refugee Definition in International Law , Hugo Storey
Who is Recognised as a Refugee? Insights from Diverse Disciplines
The implementation practices of ‹who is a refugee› vary widely in their approaches and outcomes. Scholarship in legal anthropology, sociolegal studies and comparative political science aims to understand and to explain the different (and often inconsistent) outcomes of when individuals seek asylum. In this forum article, I provide an overview of this scholarship, critically reflecting its benefits and limitations. The multidisciplinary research o…
“Systemic Violations” in EU Asylum Law: Cover or Catalyst
The concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and policy. One role is linked with the functioning of the principle of mutual trust, a principle that obliges Member States to recognise each others’ systems and decisions, presuming them to be legal, ap…
(Some) refugees welcome: When is differentiating between refugees unlawful discrimination
Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, an…
Introduction to the Symposium on Undoing Discriminatory Borders
Migration laws and controls distribute important social goods: the right to enter and reside in a particular state, and the rights that attach to any such residence. Migration controls determine individuals' life chances, including sometimes, their very survival. Migration control is a broad concept. Some practices, such as visa administration, control the possibility of travel by regular means, dictating access to mobility opportunities. Other a…
Race Discrimination Effaced at the International Court of Justice
This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD has travelled from the margins of human rights law to the center of the hottest interstate lawfare. …
Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies
This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individu…
Border Justice: Migration and Accountability for Human Rights Violations
This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of inte…
Overcoming Refugee Containment and Crisis
Imagine a system in which you had to break the law and risk your life in order to enjoy its key right, a right to live lawfully in a political and legal community. That is the open secret at the heart of the so-called "Common European Asylum System" ("CEAS"). The EU and its Member States systematically erect barriers for those who would enter to claim asylum, forming part of the system of the containment of refugees in the Global South. Refugee c…
Refugees and (Other) Migrants: Will the Global Compacts Ensure Safe Flight and Onward Mobility for Refugees
Conclusion: Hannah Arendt’s 1943 essay, ‘We Refugees’, begins: ‘In the first place, we don’t like to be called “refugees”. We ourselves call each other “newcomers” or “immigrants”’. The essay demonstrates that for the refugees, of whom she was one, the label ‘immigrant’ was preferable. It reflected a desire to get on and integrate, rather than neediness. That impulse to avoid the ‘refugee’ label may still be common today, particularly from those …
Safe Country? Says Who
In 1991, Professor Guy S Goodwin-Gill reflected on the emerging safe country of origin (SCO) practices in an editorial in the International Journal of Refugee Law, entitled ‘Safe Country? Says Who?’. This article reflects on developments regarding SCO practices since his prescient editorial, focusing on both Europe, where they originated, and Canada. The article first explores how SCO practices have developed in European law and practice since th…
EU Law and the Detainability of Asylum-Seekers
This article examines detention of asylum-seekers, more specifically how European Union law simultaneously constructs the asylum-seeker as a detainable subject, while also limiting States’ powers of detention. The power to detain is limited by international refugee and human rights law, but European Union law sets more stringent standards. While international refugee law regards the asylum-seeker as a presumptive refugee, European Union law seems…
Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law
The right to liberty is ubiquitous in human rights instruments, in essence protecting all individuals from arbitrary arrest and detention. Yet, in practice, immigration detention is increasingly routine, even automatic, across Europe. Asylum seekers in particular have been targeted for detention. While international human rights law limits detention, its protections against immigration detention are weaker than in other contexts, as the state's i…
Courting Access to Asylum in Europe: Recent Supranational Jurisprudence Explored
This article explores access to refugee protection, which in practice means access to a place of refuge, in light of various barriers to protection erected by European States. First, European States increasingly extend their border controls beyond their territorial borders and co-operate in order to prevent those seeking protection from reaching their territory. Yet, legal obligations, in particular the principle of non-refoulement, may continue …
The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe
The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use a…
The EU and the World Trade Organization
The World Trade Organization (WTO) is: the legal and institutional foundation of the multilateral trading system. It provides the principal contractual obligations determining how governments frame and implement domestic trade legislation and regulations. And it is the platform on which trade relations among countries evolve through collective debate, negotiation and adjudication.1 KeywordsWorld Trade OrganizationCommon Agricultural PolicyDispute…
(Some) refugees welcome: When is differentiating between refugees unlawful discrimination
Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, an…
EU Law and the Detainability of Asylum-Seekers
This article examines detention of asylum-seekers, more specifically how European Union law simultaneously constructs the asylum-seeker as a detainable subject, while also limiting States’ powers of detention. The power to detain is limited by international refugee and human rights law, but European Union law sets more stringent standards. While international refugee law regards the asylum-seeker as a presumptive refugee, European Union law seems…
The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe
The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use a…
Courting Access to Asylum in Europe: Recent Supranational Jurisprudence Explored
This article explores access to refugee protection, which in practice means access to a place of refuge, in light of various barriers to protection erected by European States. First, European States increasingly extend their border controls beyond their territorial borders and co-operate in order to prevent those seeking protection from reaching their territory. Yet, legal obligations, in particular the principle of non-refoulement, may continue …
The EU and the World Trade Organization
The World Trade Organization (WTO) is: the legal and institutional foundation of the multilateral trading system. It provides the principal contractual obligations determining how governments frame and implement domestic trade legislation and regulations. And it is the platform on which trade relations among countries evolve through collective debate, negotiation and adjudication.1 KeywordsWorld Trade OrganizationCommon Agricultural PolicyDispute…
The Bosphorus Ruling of the European Court of Human Rights: Fundamental Rights and Blurred Boundaries in Europe
The recent case of Bosphorus Airlines v Ireland provided the European Court of Human Rights (ECtHR) with an opportunity to refine further its relationship with the EU. In particular, the ECtHR was called upon to clarify when States could be held responsible for actions taken under the banner of the EU. This article examines the status quo prior to the Bosphorus judgment, and then scrutinises the judgment itself, focusing particularly on the use a…
Human Rights and the Elusive Universal Subject: Immigration Detention Under International Human Rights and EU Law
The right to liberty is ubiquitous in human rights instruments, in essence protecting all individuals from arbitrary arrest and detention. Yet, in practice, immigration detention is increasingly routine, even automatic, across Europe. Asylum seekers in particular have been targeted for detention. While international human rights law limits detention, its protections against immigration detention are weaker than in other contexts, as the state's i…
Courting Access to Asylum in Europe: Recent Supranational Jurisprudence Explored
This article explores access to refugee protection, which in practice means access to a place of refuge, in light of various barriers to protection erected by European States. First, European States increasingly extend their border controls beyond their territorial borders and co-operate in order to prevent those seeking protection from reaching their territory. Yet, legal obligations, in particular the principle of non-refoulement, may continue …
Safe Country? Says Who
In 1991, Professor Guy S Goodwin-Gill reflected on the emerging safe country of origin (SCO) practices in an editorial in the International Journal of Refugee Law, entitled ‘Safe Country? Says Who?’. This article reflects on developments regarding SCO practices since his prescient editorial, focusing on both Europe, where they originated, and Canada. The article first explores how SCO practices have developed in European law and practice since th…
EU Law and the Detainability of Asylum-Seekers
This article examines detention of asylum-seekers, more specifically how European Union law simultaneously constructs the asylum-seeker as a detainable subject, while also limiting States’ powers of detention. The power to detain is limited by international refugee and human rights law, but European Union law sets more stringent standards. While international refugee law regards the asylum-seeker as a presumptive refugee, European Union law seems…
Refugees and (Other) Migrants: Will the Global Compacts Ensure Safe Flight and Onward Mobility for Refugees
Conclusion: Hannah Arendt’s 1943 essay, ‘We Refugees’, begins: ‘In the first place, we don’t like to be called “refugees”. We ourselves call each other “newcomers” or “immigrants”’. The essay demonstrates that for the refugees, of whom she was one, the label ‘immigrant’ was preferable. It reflected a desire to get on and integrate, rather than neediness. That impulse to avoid the ‘refugee’ label may still be common today, particularly from those …
Hard Protection through Soft Courts? Non-Refoulement before the United Nations Treaty Bodies
This Article comparatively analyses how the prohibition of refoulement is interpreted by United Nations Treaty Bodies (UNTBs) in their individual decision-making, where we suggest they act as “soft courts.” It asks whether UNTBs break ranks with or follow the interpretations of non-refoulement of the European Court of Human Rights. This investigation is warranted because non-refoulement is the single most salient issue that has attracted individu…
Border Justice: Migration and Accountability for Human Rights Violations
This introductory Article sets out the premise of the Special Issue, the entrenched and pervasive nature of human rights violations in the context of migration control and the apparent lack of accountability for such violations. It sets out features of contemporary migration control practices and their legal governance that contribute to this phenomenon, namely the exceptional treatment of migration in international law; the limited scope of inte…
Overcoming Refugee Containment and Crisis
Imagine a system in which you had to break the law and risk your life in order to enjoy its key right, a right to live lawfully in a political and legal community. That is the open secret at the heart of the so-called "Common European Asylum System" ("CEAS"). The EU and its Member States systematically erect barriers for those who would enter to claim asylum, forming part of the system of the containment of refugees in the Global South. Refugee c…
Introduction to the Symposium on Undoing Discriminatory Borders
Migration laws and controls distribute important social goods: the right to enter and reside in a particular state, and the rights that attach to any such residence. Migration controls determine individuals' life chances, including sometimes, their very survival. Migration control is a broad concept. Some practices, such as visa administration, control the possibility of travel by regular means, dictating access to mobility opportunities. Other a…
Race Discrimination Effaced at the International Court of Justice
This essay examines the interpretation of the core international treaty dedicated to the elimination of racial discrimination, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD), and in particular how the prohibition on race discrimination applies to the treatment of migrants. This essay is timely, as CERD has travelled from the margins of human rights law to the center of the hottest interstate lawfare. …
(Some) refugees welcome: When is differentiating between refugees unlawful discrimination
Europe’s extraordinary response to those fleeing the Russian invasion of Ukraine in February 2022 has prompted many criticisms of Europe’s treatment of other refugees, and indeed people of colour and members of ethnic minorities fleeing Ukraine. While stark, this differentiated response in not unusual: The global refugee regime treats different refugees differently, as a matter of course. Refugees often encounter racialized migration controls, an…
Who is Recognised as a Refugee? Insights from Diverse Disciplines
The implementation practices of ‹who is a refugee› vary widely in their approaches and outcomes. Scholarship in legal anthropology, sociolegal studies and comparative political science aims to understand and to explain the different (and often inconsistent) outcomes of when individuals seek asylum. In this forum article, I provide an overview of this scholarship, critically reflecting its benefits and limitations. The multidisciplinary research o…
“Systemic Violations” in EU Asylum Law: Cover or Catalyst
The concept of a systemic fundamental rights violation refers to a particular set of violations that are both widespread and embedded, so their reoccurrence may be assumed to be likely. It takes on at least two distinctive roles in EU asylum law and policy. One role is linked with the functioning of the principle of mutual trust, a principle that obliges Member States to recognise each others’ systems and decisions, presuming them to be legal, ap…
Constitutional Judging under Pressure: The Role of Judges in Safeguarding the Rule of Law, Equality, and Planetary Survival
Introducing the Special Issue on “Judging under Pressure,” this Article sets out three interlinked challenges facing constitutional courts, broadly understood: persisting inequalities, the climate crisis, and rising autocratization. The Articles in this Special Issue identify, analyze, and prescribe a set of judicial responses and strategies when judging under pressure. Some reimagine and recalibrate the role of judges, while others respond with …
The Refugee Definition in International Law , Hugo Storey
Political science (15 works) · Law (12 works) · Refugee (9 works) · European Criminal Justice and Data Protection (8 works) · Human rights (8 works) · Sociology (8 works) · Migration, Refugees, and Integration (7 works) · Business (5 works) · Law and economics (5 works) · European and International Law Studies (4 works)