Extraterritorial Immigration Control

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Publisher : BRILL
ISBN 13 : 9004172335
Total Pages : 460 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Extraterritorial Immigration Control by : Bernhard Ryan

Download or read book Extraterritorial Immigration Control written by Bernhard Ryan and published by BRILL. This book was released on 2010 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work analyses the legal challenges posed by contemporary practices of extraterritorial immigration control: visas, pre-embarkation checks and the interception of irregular migrants. It examines the international law framework, and provides case-studies from Europe, Australia and the United States.

Protecting the Rights of Refugees Beyond European Borders

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Publisher :
ISBN 13 : 9781780686141
Total Pages : 0 pages
Book Rating : 4.6/5 (861 download)

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Book Synopsis Protecting the Rights of Refugees Beyond European Borders by : Lisa Heschl

Download or read book Protecting the Rights of Refugees Beyond European Borders written by Lisa Heschl and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In times of the proclaimed 'refugee crisis' this book aims to shed light on human rights and refugee law responsibilities of EU member states and other relevant actors when engaging in border control measures beyond the territory of the EU.

Accessing Asylum in Europe

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Author :
Publisher : Oxford Studies in European Law
ISBN 13 : 9780198701002
Total Pages : 0 pages
Book Rating : 4.7/5 (1 download)

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Book Synopsis Accessing Asylum in Europe by : Violeta Moreno Lax

Download or read book Accessing Asylum in Europe written by Violeta Moreno Lax and published by Oxford Studies in European Law. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe is currently experiencing a migration crisis, demonstrated by millions of displaced people unseen since World War II. This book examines the interface between extraterritorial border and migration controls taken by EU member states, and the rights asylum seekers acquire from EU law.Control measures such as the enforcement of visas, fines on carriers transporting unsatisfactorily documented migrants, and interception at sea are investigated in detail in an effort to assess the impact these measures have on access to asylum in the EU. The book also explores the rights recognisedby the EU Charter of Fundamental Rights to persons in need of international protection, inclusive of the principle of non-removal to a place of persecution, the prohibition of ill-treatment, the right to asylum, and the right to effective judicial protection.The fundamental focus of the book is the relationship between the aforementioned border and migration controls and the rights of asylum seekers, and importantly, how these rights limit the nature of such control measures and the ways in which they are implemented. The ultimate goal of the book is toconclude whether the current series of extraterritorial mechanisms or pre-entry vetting is compatible in EU law with the rights of refugees and forced migrants.

Protecting the Rights of Refugees Beyond European Borders

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Author :
Publisher :
ISBN 13 : 9781780686691
Total Pages : 255 pages
Book Rating : 4.6/5 (866 download)

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Book Synopsis Protecting the Rights of Refugees Beyond European Borders by : Lisa Heschl

Download or read book Protecting the Rights of Refugees Beyond European Borders written by Lisa Heschl and published by . This book was released on 2018 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The European migration and asylum policy has been shaped by efforts to establish an efficient migration management system in order to protect the Area of Freedom, Security and Justice from the new security threat of "irregular migration". The extraterritorialisation of immigration control measures beyond territorial borders form part of this strategy and the EU-Turkey deal and the call for an increased cooperation with Northern Africa are but two examples. Pre-border control mechanisms composed of administrative, legislative and operational measures, are largely perceived as effective means to channel flows of migrants avoiding logistical and financial burdens for Member States. However, from a legal perspective, this shift to extraterritorial activities raises important questions related to the creation of zones in which responsibilities for legal norms related to the protection of refugees may be circumvented by States or any other actors involved in migration control activities. 'Protecting the Rights of Refugees Beyond European Borders' tries to reconcile the motives behind extraterritorialisation strategies with actual legal consequences. It carefully examines the legal frameworks that govern situations in which a migrant meets an authority in the context of extraterritorial immigration control measures.

Access to Asylum

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Publisher : Cambridge University Press
ISBN 13 : 113950116X
Total Pages : 309 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Access to Asylum by : Thomas Gammeltoft-Hansen

Download or read book Access to Asylum written by Thomas Gammeltoft-Hansen and published by Cambridge University Press. This book was released on 2011-03-17 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.

Europe and Extraterritorial Asylum

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319076
Total Pages : 214 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Europe and Extraterritorial Asylum by : Maarten Den Heijer

Download or read book Europe and Extraterritorial Asylum written by Maarten Den Heijer and published by Bloomsbury Publishing. This book was released on 2012-03-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.

The Routledge Handbook on Extraterritorial Human Rights Obligations

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Author :
Publisher : Routledge
ISBN 13 : 1000466132
Total Pages : 500 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis The Routledge Handbook on Extraterritorial Human Rights Obligations by : Mark Gibney

Download or read book The Routledge Handbook on Extraterritorial Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2021-12-24 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook on Extraterritorial Human Rights Obligations brings international scholarship on transnational human rights obligations into a comprehensive and wide-ranging volume. Each chapter combines a thorough analysis of a particular issue area and provides a forward-looking perspective of how extraterritorial human rights obligations (ETOs) might come to be more fully recognized, outlining shortcomings but also best state practices. It builds insights gained from state practice to identify gaps in the literature and points to future avenues of inquiry. The Handbook is organized into seven thematic parts: conceptualization and theoretical foundations; enforcement; migration and refugee protection; financial assistance and sanctions; finance, investment and trade; peace and security; and environment. Chapters summarize the cutting edge of current knowledge on key topics as leading experts critically reflect on ETOs, and, where appropriate, engage with the Maastricht Principles to critically evaluate their value 10 years after their adoption. The Routledge Handbook on Extraterritorial Human Rights Obligations is an authoritative and essential reference text for scholars and students of human rights and human rights law, and more broadly, of international law and international relations as well as to those working in international economic law, development studies, peace and conflict studies, environmental law and migration. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Negotiating Asylum

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Author :
Publisher : BRILL
ISBN 13 : 900446154X
Total Pages : 667 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Negotiating Asylum by : Gregor Noll

Download or read book Negotiating Asylum written by Gregor Noll and published by BRILL. This book was released on 2021-03-22 with total page 667 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 methodology of international law as well as elaborate discrimination arguments. The author concludes that deflecting protection seekers by means of visa requirements may constitute a violation of the European Convention of Human Rights, and that the prescriptions of international law oblige Member States to apply the Dublin Convention and the Spanish Protocol in a manner emptying it of its main control functions. The author also shows that burden-sharing remains the pivotal element in the normative dynamics behind the EU acquis, and explains why the European Court of Human Rights must be regarded as the only transnational forum for the legitimate negotiation of asylum in Europe.

Europe and Extraterritorial Asylum

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847319068
Total Pages : 342 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Europe and Extraterritorial Asylum by : Maarten Den Heijer

Download or read book Europe and Extraterritorial Asylum written by Maarten Den Heijer and published by Bloomsbury Publishing. This book was released on 2012-03-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. The book received 'The Max van der Stoel Human Rights Award 2011' (first prize category dissertations); and the 'Erasmianum Study Prize 2011'.

Accessing Asylum in Europe

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Author :
Publisher :
ISBN 13 : 9780191004384
Total Pages : pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Accessing Asylum in Europe by : Violeta Moreno Lax

Download or read book Accessing Asylum in Europe written by Violeta Moreno Lax and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The timely subject matter of this work focuses on the interface between extraterritorial border surveillance and migration control by EU member states, and the rights that asylum seekers acquire from EU law. In particular Moreno-Lax concentrates on the relationship between the EU Charter of Fundamental Rights and border control measures.

Human Rights and the Dark Side of Globalisation

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Publisher : Taylor & Francis
ISBN 13 : 1315408252
Total Pages : 381 pages
Book Rating : 4.3/5 (154 download)

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Book Synopsis Human Rights and the Dark Side of Globalisation by : Thomas Gammeltoft-Hansen

Download or read book Human Rights and the Dark Side of Globalisation written by Thomas Gammeltoft-Hansen and published by Taylor & Francis. This book was released on 2016-12-08 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Notes on contributors -- Preface -- Introduction: human rights in an age of international cooperation -- Part I General issues pertaining to human rights and transnational law enforcement -- 1 Shared responsibility for human rights violations: a relational account -- 2 Extraterritoriality and human rights: prospects and challenges -- Part II Law enforcement and security operations -- 3 Transnational operations carried out from a State's own territory: armed drones and the extraterritorial effect of international human rights conventions -- 4 NSA surveillance and its meaning for international human rights law -- 5 Jurisdiction at sea: migrant interdiction and the transnational security state -- 6 Counter-piracy: navigating the cloudy waters of international law, domestic law and human rights -- 7 Rescuing migrants at sea and the law of international responsibility -- Part III Migration control and access to asylum -- 8 Relinking power and responsibility in extraterritorial immigration control: the case of immigration liaison officers -- 9 State responsibility and migration control: Australia's international deterrence model -- 10 Multi-stakeholder operations of border control coordinated at the EU level and the allocation of international responsibilities -- 11 A 'blind spot' in the framework of international responsibility? Third-party responsibility for human rights violations: the case of Frontex -- 12 The legality of Frontex Operation Hera-type migration control practices in light of the Hirsi judgement -- 13 The Dark Side of Globalization: do EU border controls contribute to death in the Mediterranean? -- 14 'Outsourcing' protection and the transnational relevance of protection elsewhere: the case of UNHCR -- Index

Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788972481
Total Pages : 336 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis by : Sergio Carrera

Download or read book Constitutionalising the External Dimensions of EU Migration Policies in Times of Crisis written by Sergio Carrera and published by Edward Elgar Publishing. This book was released on with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book examines the external dimension EU migration and asylum polices in times of crisis. It thoroughly assesses patterns of co-operation in EU migration management with a focus on co-operation with the global south. A key resource for academics and students focussing on EU Law and migration more specifically, this book will also appeal to policy-makers, legal practitioners and international organisation representatives alike.

Refuge Lost

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Publisher : Cambridge University Press
ISBN 13 : 1108425259
Total Pages : 227 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Refuge Lost by : Daniel Ghezelbash

Download or read book Refuge Lost written by Daniel Ghezelbash and published by Cambridge University Press. This book was released on 2018-02-22 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: As more restrictive asylum policies are adopted around the world, Ghezelbash explores the implications for the international refugee protection regime.

Extraterritorial Application of American Criminal Law

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Author :
Publisher : DIANE Publishing
ISBN 13 : 143793479X
Total Pages : 73 pages
Book Rating : 4.4/5 (379 download)

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Book Synopsis Extraterritorial Application of American Criminal Law by : Charles Doyle

Download or read book Extraterritorial Application of American Criminal Law written by Charles Doyle and published by DIANE Publishing. This book was released on 2010-10 with total page 73 pages. Available in PDF, EPUB and Kindle. Book excerpt: Crime is usually territorial. It is a matter of the law of the place where it occurs. Nevertheless, a surprising number of American criminal laws apply outside of the U.S. Application is generally a question of legislative intent, expressed or implied. In either case, it most often involves crimes committed aboard a ship or airplane, crimes condemned by international treaty, crimes committed against government employees or property, or crimes that have an impact in this country even if planned or committed in part elsewhere. Although the crimes over which the U.S. has extraterritorial jurisdiction may be many, so are the obstacles to their enforcement. Contents of this report: (1) Introduction; (2) Constitutional Considerations; (3) Conclusion; (5) Bibliography.

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

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Publisher : BRILL
ISBN 13 : 9004354239
Total Pages : 417 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes by : Sergio Carrera

Download or read book EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes written by Sergio Carrera and published by BRILL. This book was released on 2018-12-10 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.

Defending Refugee Rights

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Author :
Publisher :
ISBN 13 : 9783708309958
Total Pages : 136 pages
Book Rating : 4.3/5 (99 download)

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Book Synopsis Defending Refugee Rights by : Fabiane Baxewanos

Download or read book Defending Refugee Rights written by Fabiane Baxewanos and published by . This book was released on 2015 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Beyond Borders

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Publisher : Cambridge University Press
ISBN 13 : 1108910254
Total Pages : 239 pages
Book Rating : 4.1/5 (89 download)

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Book Synopsis Beyond Borders by : Molly Katrina Land

Download or read book Beyond Borders written by Molly Katrina Land and published by Cambridge University Press. This book was released on 2021-09-16 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community. Drawing on contributions from a broad variety of disciplines – from literature to political science to philosophy – the volume considers the failures of law and politics to guarantee rights for the most vulnerable and attempts to imagine new forms of belonging grounded in ideas of solidarity, empathy, and responsibility in order to identify a more robust basis for the protection of non-citizens at home and abroad. This title is also available as Open Access on Cambridge Core.