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Europe and Extraterritorial Asylum (eBook)


ISBN13: 9781847319074
Published: March 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: eBook (ePub)
Price: £85.50
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Increasingly, European and other Western states have sought to control the movement of refugees outside their borders. To do this, states have adopted a variety of measures - including carrier sanctions, interception of migrants at sea, posting of immigration officers in foreign countries and external processing of asylum-seekers. This book focuses on the legal implications of external mechanisms of migration control for the protection of refugees and irregular migrants. The book explores how refugee and human rights law has responded to the new measures adopted by states, and how states have sought cooperation with other actors in the context of migration control.

The book defends the thesis that when European states attempt to control the movement of migrants outside their territories, they remain responsible under international law for protecting the rights of refugees as well as their general human rights. It also identifies how EU law governs and constrains the various types of pre-border migration enforcement employed by EU Member States, and examines how unfolding practices of external migration control conform with international law.

This is a work which will be essential reading for scholars and practitioners of asylum and refugee law throughout Europe and the wider world.

Subjects:
Public International Law, eBooks, Immigration, Asylum, Refugee and Nationality Law
Contents:
Chapter 1: Introduction
1.1 Background
1.2 Aims and Scope
Chapter 2: The Extraterritorial Applicability of Human Rights
2.1 Introduction
2.2 The Concept of Jurisdiction in International Law
2.3 The Concept of Jurisdiction in Human Rights Law
2.4 On the Different Functions of Jurisdiction in General International Law and Human Rights Law
2.5 International Case Law on the Extraterritorial Application of Human Rights
2.6 Human Rights Treaties with No Jurisdictional Clause
2.7 Conclusions
Chapter 3: The Responsible Actor
3.1 Introduction
3.2 Independent Responsibility
3.3 Derived Responsibility for Aiding and Assisting Another State
3.4 Conclusions
Chapter 4: Extraterritorial Asylum under International Law
4.1 Introduction
4.2 The Right to Grant Asylum
4.3 The Right to Obtain Asylum
4.4 The Right to Seek Asylum
4.5 A Right to be Protected but No Right to Protect?
4.6 Conclusions
Chapter 5: Extraterritorial Asylum under European Union Law
5.1 Introduction
5.2 The EU's External Dimension of Asylum and Migration
5.3 The Territorial Scope of EU Law on Border Control and Asylum
5.4 Conclusions
Chapter 6: Interdiction at Sea
6.1 Introduction
6.2 The European Interdiction Programme
6.3 Migrant Interdiction and the Law of the Sea
6.4 Human Rights at Sea
6.5 Issues of Attribution and Allocation of Responsibility
6.6 Conclusions
Chapter 7: External Processing
7.1 Introduction
7.2 The Logic of External Containment in US and Australian Practices
7.3 The Feasibility of Procedural Containment
7.4 The Feasibility of Physical Containment
7.5 Issues of Attribution and the Allocation of Responsibility
7.6 Conclusions
Chapter 8: How to Take Refugee Rights into Account
8.1 Sovereignty, Territory and Human Rights: Towards a General Proposition
8.2 The Implementation of a Human Rights Strategy: Towards Recommendations
8.2 The EU as a Panacea for Upholding Refugee Rights?

Series: Hart Studies in International Law

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Human Rights and Drug Control: The False Dichotomy ISBN 9781509926435
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Security and International Law ISBN 9781509924752
Published October 2018
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509924431
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Diplomatic Interference and the Law ISBN 9781509924592
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Non-State Actors in International Law ISBN 9781509917839
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Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
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International Law and Child Soldiers ISBN 9781509913831
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Complicity in International Criminal Law (eBook) ISBN 9781509900091
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Complicity in International Criminal Law ISBN 9781509900084
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Economic Sanctions and International Law ISBN 9781849465908
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Corruption and Human Rights Law in Africa ISBN 9781509908455
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Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
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Diplomatic Interference and the Law ISBN 9781849464369
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
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Non-State Actors in International Law ISBN 9781849465113
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Statelessness: The Enigma of the International Community ISBN 9781849469692
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The Contractual Nature of the Optional Clause ISBN 9781849468664
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International Law and Child Soldiers ISBN 9781849465205
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Corruption and Human Rights Law in Africa ISBN 9781849466370
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Statelessness: The Enigma of the International Community ISBN 9781849465076
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
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Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
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Enforcing International Law Norms Against Terrorism
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Regional Organisations and Development of Collective Security ISBN 9781841134802
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Enforcing International Law Norms Against Terrorism
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The Permanent International Criminal Court ISBN 9781841132815
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
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