Immigration

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

By Thomas Gammeltoft-Hansen
Cambridge University Press September 2013

Specifications

ISBN-13
9781107621558
Publisher
Cambridge University Press
Publication
September 2013
Format
Paperback , 310 pages
Jurisdiction
International ? Countri(es) for reference only

Details

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

Table of Contents

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

About the Author

Thomas Gammeltoft-Hansen
Danish Institute for International Studies

Reviews

'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

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