Suchergebnisse

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.

Every year between 100,000 and 120,000 migrants attempt to irregularly cross the Mediterranean to reach European shores in hope of political asylum or just a better life. In this working paper Thomas Gammeltoft-Hansen and Tanja Aalberts take on the complicated politics and law of 'rescue at sea', and the legal duty to render assistance to migrants in distress at sea that falls upon all sovereign states. Yet, exactly because this takes in international waters, the precise division and content of this sovereign responsibility remains contested and subject to varying interpretations. As a result, the drowning migrant finds herself subject to an increasingly complex field of governance, in which participating states may successfully barter off and deconstruct responsibility by reference to traditional norms of sovereignty and international law. This working paper is the first in a special series linked to the DIIS research initiative 'Shifting Sovereignties & Power'. The present paper was presented at the first international workshop in this framework titled 'Sovereignty, Territory and Emerging Geopolitics' held at DIIS, 3-4 May 2010