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'.
Maarten den Heijer is Assistant Professor in the department of Public International Law and European Law at the University of Amsterdam.
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?