ABSTRACT
This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book discusses the effect of globalisation upon the use of the Convention and assesses its ability and effectiveness as an instrument of human rights protection. It argues that in the United Kingdom and Canada common law protections or safeguards are complemented by the human rights frameworks within which the courts operate. The book also discusses the tension that exists between the courts and the executive arm of government in Australia. It demonstrates that the legal jurisprudence is often unsatisfactory and inconsistent. But recent decisions of the High Court of Australia show that it is concerned to harmonise its interpretation with international jurisprudence. The book illustrates how the provision of 'safe third countries' can potentially infringe the non-refoulement obligation in Article 33 of the Convention.
