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Author: Lisa Heschl
Publisher:
ISBN: 9781780686141
Category : Exterritoriality
Languages : en
Pages : 0
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Book Description
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.
Author: Lisa Heschl
Publisher:
ISBN: 9781780686141
Category : Exterritoriality
Languages : en
Pages : 0
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Book Description
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.
Author: Violeta Moreno Lax
Publisher: Oxford Studies in European Law
ISBN: 9780198701002
Category : Law
Languages : en
Pages : 0
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Book Description
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.
Author: Cathryn Costello
Publisher: Oxford University Press
ISBN: 0199644748
Category : Law
Languages : en
Pages : 401
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Book Description
A critical discussion of EU and ECHR migration and refugee law, this book analyses the law on asylum and immigration of third country-nationals. It focuses on how the EU norms interact with ECHR human rights case law on migration, and the pitfalls of European human rights pluralism.
Author: T. Alexander Aleinikoff
Publisher: Stanford University Press
ISBN: 1503611426
Category : Political Science
Languages : en
Pages : 129
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Book Description
The international refugee regime is fundamentally broken. Designed in the wake of World War II to provide protection and assistance, the system is unable to address the record numbers of persons displaced by conflict and violence today. States have put up fences and adopted policies to deny, deter, and detain asylum seekers. People recognized as refugees are routinely denied rights guaranteed by international law. The results are dismal for the millions of refugees around the world who are left with slender prospects to rebuild their lives or contribute to host communities. T. Alexander Aleinikoff and Leah Zamore lay bare the underlying global crisis of responsibility. The Arc of Protection adopts a revisionist and critical perspective that examines the original premises of the international refugee regime. Aleinikoff and Zamore identify compromises at the founding of the system that attempted to balance humanitarian ideals and sovereign control of their borders by states. This book offers a way out of the current international morass through refocusing on responsibility-sharing, seeing the humanitarian-development divide in a new light, and putting refugee rights front and center.
Author: Bernhard Ryan
Publisher: BRILL
ISBN: 9004172335
Category : Law
Languages : en
Pages : 460
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Book Description
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.
Author: Nicholas De Genova
Publisher: Duke University Press
ISBN: 0822372665
Category : Social Science
Languages : en
Pages : 361
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Book Description
In recent years the borders of Europe have been perceived as being besieged by a staggering refugee and migration crisis. The contributors to The Borders of "Europe" see this crisis less as an incursion into Europe by external conflicts than as the result of migrants exercising their freedom of movement. Addressing the new technologies and technical forms European states use to curb, control, and constrain what contributors to the volume call the autonomy of migration, this book shows how the continent's amorphous borders present a premier site for the enactment and disputation of the very idea of Europe. They also outline how from Istanbul to London, Sweden to Mali, and Tunisia to Latvia, migrants are finding ways to subvert visa policies and asylum procedures while negotiating increasingly militarized and surveilled borders. Situating the migration crisis within a global frame and attending to migrant and refugee supporters as well as those who stoke nativist fears, this timely volume demonstrates how the enforcement of Europe’s borders is an important element of the worldwide regulation of human mobility. Contributors. Ruben Andersson, Nicholas De Genova, Dace Dzenovska, Evelina Gambino, Glenda Garelli, Charles Heller, Clara Lecadet, Souad Osseiran, Lorenzo Pezzani, Fiorenza Picozza, Stephan Scheel, Maurice Stierl, Laia Soto Bermant, Martina Tazzioli
Author: Sergio Carrera
Publisher: BRILL
ISBN: 9004354239
Category : Law
Languages : en
Pages : 417
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Book Description
This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.
Author: Raffaella A. Del Sarto
Publisher: Oxford University Press
ISBN: 0192570110
Category : Political Science
Languages : en
Pages : 200
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Book Description
This is an open access title available under the terms of a CC BY-NC-ND 4.0 International licence. It is free to read at Oxford Scholarship Online and offered as a free PDF download from OUP and selected open access locations. Borderlands: Europe and the Mediterranean Middle East proposes a profound rethink of the complex relationship between Europe-defined here as the European Union and its members-and the states of the Mediterranean Middle East and North Africa (MENA), Europe's 'southern neighbours'. These relations are examined through a borderlands prism that conceives of this interaction as of one between an empire of sorts, which seeks to export its order beyond the border, and the empire's southern borderlands. Focusing on trade relations on the one hand, and the cooperation on migration, borders, and security on the other, the book revisits the historical origins and modalities of Europe's selective rule transfer to MENA states, the interests underwriting these policies, and the complex dynamics marking the interaction between the two sides over a twenty-year period (1995-2015). It shows that within a system of structurally asymmetric economic relations from which Europe and MENA elites benefit the most, single MENA governments have been co-opted into the management of border and migration control where they act as Europe's gatekeepers. Combined with specific policy choices of MENA governments, Europe's selective expansion of its rules, practices, and disaggregated borders have in fact contributed to rising socio-economic inequalities and the strengthening of authoritarian rule in the 'southern neighbourhood', with Europe tacitly tolerating serious violations of the rights of refugees and migrants at its fringes. Challenging the self-proclaimed benevolent nature of European policies and the notion of 'Fortress Europe' alike, the findings of this study contribute to broader debates on power, dependence, and interdependence in the discipline of International Relations.
Author: Molly Katrina Land
Publisher: Cambridge University Press
ISBN: 1108843174
Category : Law
Languages : en
Pages : 239
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Book Description
Explores new forms of belonging across borders to foster more robust protections for non-citizens. This title is available as Open Access on Cambridge Core.
Author: Lisa Heschl
Publisher:
ISBN: 9781780686691
Category : Refugees
Languages : en
Pages : 255
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Book Description
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.
