Suchergebnisse

This paper starts from the encounter between a European navy vessel and a dinghy carrying boat refugees and other desperate migrants across the Mediterranean or West African Sea towards Europe. It explores the growing trend in the EU of enacting migration control at the high seas or international waters - so-called interdiction. It is argued that these forms of extraterritorial migra-tion control aim at reconquering the efficiency of the sovereign function to control migration, by trying to either deconstruct or shift correlate obligations vis-à-vis refugees and other persecuted persons to third States. In both instances, European States are entering into a sovereignty game, in which creative strategies are developed in order to reassert sovereign power unconstrained by national and international obligations. Starting from an analysis of the refugee regime itself, the paper looks at the possibilities for as-serting human rights extraterritorially, on the high seas, in foreign territorial waters and in relation to situations defined as search and rescue missions. On the basis of this, two interrelated dynamics emerge. The first concerns the legal debate surrounding the criteria for establishing extra-territorial jurisdiction. The so far restrictive interpretations applied provide a context for States to deconstruct protection responsibilities towards refugees by moving migration control outside their sovereign territory and into that of a foreign State. The second dynamic is what could be termed a growing commercialisation of sovereignty for the purpose of migration control. By negotiating access to foreign territorial waters or simply outsource the function of migration control to e.g. North and West African countries, European States are exploiting territorial principles of international law to shift and reduce refugee responsibilities.

When does the refugee encounter the State? The straightforward and traditional answer to this question would be, when arriving at the border and surrendering herself to the authorities uttering the magical word, asylum. Reality, however, only seldom conforms to this picture. Today, the person seeking asylum in the EU is much more likely to encounter the State before reaching the EU border - at the visa consulate, through the EU Immigration Liaison Officers posted at the airports of key migration transit and origin countries, during passage over the Mediterranean where navy vessels are patrolling. Alternatively, the refugee may not meet EU in persona, but through delegation, either in the form of an airline company bound by EU regulations ro carry out migration control or as a third State having in EU cooperation to perform exit border control or provide alternative protection in the region. This paper explores the growing nexus of these external or extraterritorial policies in the developing EU asylum and immigration policv. From a legal perspective, these developments create a number of challenges for ensuring the rights of asylum seekers and refugees. Looking into three contentious areas (extraterritorial jurisdiction, extraterritorial protection and extraterritorial policy implementation) it is argued that the present drive to move migration control and refugee protection outside the EU is becoming a strategic feature of the common EU asylum and immigration policy, in which States are instrumentalising the territorial principles of the present refugee regime to relieve themselves of international legal obligations and institutionalise a new ethos of ''protection lite.

The present paper explores the growing link between EU's migration priorities and its foreign policy agenda. As part of the evolving EU acquis on asylum and immigration issues, particular priority has been given to cooperation with third countries and efforts to extend EU's possibilities for regulating migration flows well beyond its borders. As an emerging foreign policy issue, this paper asks how EU's migration priorities have translated into policies vis-à-vis third countries, what objectives these policies serve, and how this affects EU's overall foreign policy agenda and relations with countries of origin and transit? Using Joseph Nye's conceptualisation of 'hard' and 'soft' power, it is argued that EU is taking on a hegemonic position when initialising cooperation with third countries. As these countries are becoming more reluctant to take upon them the responsibility for preventing migration from reaching Europe, the EU is playing on a combination of 'attraction' and direct conditionality to ensure compliance. Yet, as the stakes are getting higher, ensuring cooperation may prove too costly, both financially and to EU's self-image.

Abstract
Current challenges to the traditionally privileged position of law in both refugee policy and refugee studies invite scholars to consider carefully the approach we take to our craft. This article argues that refugee law scholarship is surrounded by thin walls, as researchers broker the 'dual imperative' to simultaneously advance knowledge and protection in a field heavily influenced by policy interests and networks of practitioners that actively take part in, and promote, scholarly production. These close links between the field and the policy world continue to shape research agendas, methodologies, and scholarly positions. This article draws from Bourdieusian field theory and legal sociology to offer a prism through which to look at the forces that influence refugee law research and to consider their implications for scholarship. It is argued that greater sensitivity to the underlying dynamics of our profession is essential, not only to ensure more inclusivity in the community of scholars and expand the current canon of refugee law, but ultimately to sustain claims to policy relevance.

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

This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority, such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments, or delegated to non-state actors. New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies. It will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.

1. Conceptualizing the migration industry / Ruben Hernandez-Leon -- 2. The migration industry in global migration governance / Alexander Betts -- 3. Migration trajectories and the migration industry: Theoretical reflections and empirical examples from Asia / Ernst Spaan and Felicitas Hillmann -- 4. The migration industry and developmental states in East Asia / Kristin Surak -- 5. The neoliberalized state and the growth of the migration industry / Georg Menz -- 6. The rise of the private border guard : accountability and responsibility in the migration control industry / Thomas Gammeltoft-Hansen -- 7. Private security companies and the European borderscapes / Martin Lemberg-Pedersen -- 8. Pusher stories : Ghanaian connection men and the expansion of the EU's border regimes into Africa / Hans Lucht -- 9. Migration brokers and document fixers : the making of migrant subjects in urban Peru / Ulla D. Berg and Carla Tamagno -- 10. Public officials and the migration industry in Guatemala : greasing the wheels of a corrupt machine / Isabel Rosales Sandoval -- 11. Migration between social and criminal networks : jumping the remains of the Honduran migration train / Ninna Nyberg Sørensen.

Migration has become business, big business. Over the last few decades a host of new business opportunities have emerged that capitalize both on the migrants' desires to migrate and the struggle by governments to manage migration. From the rapid growth of specialized transportation and labour immigration companies, to multinational companies managing detention centres or establishing border security, to the organized criminal networks profiting from human smuggling and trafficking, we are currently witnessing a growing commercialization of international migration.This volume claims t.