Access to Asylum International Refugee Law and the Globalisation of Migration Control

Author: Thomas Gammeltoft-Hansen
Publisher: Cambridge University Press
ISBN: 9781107621558
Published In: September 2013
Format: Paperback , 310 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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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 2011 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.

• Provides the first systematic analysis of extraterritorial obligations and state responsibility for private actors under international refugee law, thus bridging an existing legal gap

• Contextualizes the topic within the broader legal debate, literature and case law surrounding extra territoriality and privatisation

• Legal analysis is complemented by a set of more interdisciplinary perspectives, bringing in insights from political science and international relations

Foreword	ix
Preface	xi
Acknowledgements	xii
Table of treaties and other international instruments	xiv
Table of cases	xv
1 Introduction	1
2 The refugee and the globalisation of migration control	11
3 Refugee protection and the reach of the non-refoulement principle	44
4 Offshore migration control and the concept of extraterritorial jurisdiction	100
5 The privatisation of migration control and state responsibility	158
6 ‘Hic abundant leones’: the institutional reach of refugee protection	209
7 Conclusion	231
Bibliography	249
Index	270

Thomas Gammeltoft-Hansen
Danish Institute for International Studies

'The book gives anybody interested in, or working with, these issues a solid basis for refuting claims of non-applicability of international obligations of states in these situations and does so without departing from sound legal research and findings … This book is most certainly a valuable tool for academics, practitioners and students alike.' Kristina Touzenis, International Journal of Refugee Law