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Access to Asylum
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.
The Migration Industry and the Commercialization of International Migration
The book offers new concepts and theory for the study of international migration by weaving together diverse strands of arguments related to international migration in ways not attempted before. Throughout the chapters, the book brings together original and cross-disciplinary theoretical explorations and original case studies. It also provides a rather global coverage of the phenomena under study, covering migrant destinations in Europe, the United States and Asia, and migrant sending regions in Africa, Asia and Latin America.
Human Rights and the Dark Side of Globalisation
This book examines the continued viability of international human rights law in the context of extraterritorialisation, outsourcing, and privatisation of law enforcement tasks. New forms of state cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. This book brings together some of the most authoritative legal voices to provide an introduction to core issues such as state responsibility, attribution and extraterritorial jurisdiction, as well as up-to-date case studies of different transnational law enforcement issues. It will interest students, scholars and practitioners of IR, human rights and public international law.
The Routledge Handbook on Extraterritorial Human Rights Obligations
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 ...
The Changing Practices of International Law
Countering mainstream theories, this book focuses on the expanding institutionalisation of international law.
Humanity at Sea
This book integrates legal, historical, and philosophical materials to illuminate the migration topic and to provide a novel theory of human rights.
Tracing the Roles of Soft Law in Human Rights
Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes.
The Power of Legality
Legality today commands substantial currency in world affairs, and this volume examines the struggle over its meaning in diverse practices.
Sovereignty Games
This book offers an in-depth examination of the strategic use of State sovereignty in contemporary European and international affairs and the consequences of this for authority relations in Europe and beyond. It suggests a new approach to the study of State sovereignty, proposing to understand the use of sovereignty as games where States are becoming more instrumental in their claims to sovereignty and skilled in adapting it to the challenges that they face
The First Decade of EU Migration and Asylum Law
More than a decade has passed since the appearance of the first issue of the European Journal of Migration and Law, which was established to examine the intertwining of issues of law and migration in the EU. This volume has been compiled to celebrate that anniversary.
