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

by Thomas Gammeltoft-Hansen

Overview

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.

Product Details

ISBN-13:	9781107003477
Publisher:	Cambridge University Press
Publication date:	03/17/2011
Series:	Cambridge Studies in International and Comparative Law , #77
Pages:	310
Product dimensions:	6.20(w) x 9.10(h) x 0.80(d)

About the Author

Thomas Gammeltoft-Hansen is a research fellow at the Danish Institute of Human Rights and External Lecturer at the University of Copenhagen, where he teaches international refugee law. He is also an associated legal expert to the European Council for Refugees and Exiles, a former policy analyst with the Danish Refugee Council and a regular consultant to a number of international organisations, governmental institutions and NGOs.

Table of Contents

1. Introduction; 2. The refugee and the globalisation of migration control; 3. Refugee protection and the reach of the non-refoulement principle; 4. Offshore migration control and extraterritorial jurisdiction; 5. The privatisation of migration control and state responsibility; 6. The institutional reach of refugee protection; 7. Conclusion.

Editorial Reviews

"This work will be of interest to scholars of refugee law, human rights law, and general international law as it is a comprehensive and well-written guide to the legal norms applicable to the phenomena of offshoring and outsourcing of migration control. The real value of this volume, however, lies in the author's awareness of the factual realities of private and extraterritorial migration control. Throughout the book, the author sets the scene, explaining the rationale behind the employment of such policies, how they operate in reality and the practical effect that this has on the individual asylum seeker."
Leiden Journal of International Law

From the Publisher