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Access to asylum: international refugee law and the globalisation of migration control
In: Cambridge studies in international and comparative law
Legal Evolution and the 1951 Refugee Convention
In: International Migration, Band 59
SSRN
Legal evolution and the 1951 Refugee Convention
In: International migration: quarterly review, Band 59, Heft 4, S. 257-260
ISSN: 1468-2435
World Affairs Online
The Do-Gooders' Dilemma: Scandinavian Asylum and Migration Policies in the Aftermath of 2015
In: (Book chapter, forthcoming in Puyvallée and Bjørkdahl (eds.), Do-Gooders at the End of Aid: Scandinavian Humanitarianism in the 21st Century, Cambridge University Press, 2021)
SSRN
Working paper
Extraterritorial Human Rights Obligations in Regard to Refugees and Migrants
In: (Book chapter, forthcoming in Gibney, Krajewski and Vandenhole (eds.) Routledge Handbook on Extraterritorial Human Rights Obligations, Routledge 2021)
SSRN
The Normative Impact of the Global Compact on Refugees
In: International journal of refugee law, Band 30, Heft 4, S. 605-610
ISSN: 1464-3715
The Normative Impact of the Global Compact on Refugees
In: Forthcoming in International Journal on Refugee Law, Special Issue on the Global Compacts
SSRN
International Cooperation on Migration Control: Towards a Research Agenda for Refugee Law
In: Revised version published in European Journal of Migration and Law, Band 20(4)
SSRN
Refugee Policy As 'Negative Nation Branding': The Case of Denmark and the Nordic
In: Revised version published in Danish Foreign Policy Yearbook, 2017
SSRN
The Perfect Storm: On Boat Migrants and Sovereignty
In: In Violeta Moreno-Lax and Efthymios Papastavridis (eds.) 'Boat Refugees' and Migrants at Sea: A comprehensive approach: Integrating Maritime security with human rights. Brill, 2016
SSRN
Creative Legal Thinking and the Evolution of International Refugee Law
In: Lakimies, Band 112(1)
SSRN
International Refugee Law and Refugee Policy: The Case of Deterrence Policies
In: Journal of Refugee Studies, 2014, Forthcoming
SSRN
Working paper
The Externalisation of European Migration Control and the Reach of International Refugee Law
In: In Elspeth Guild and Paul Minderhoud (eds.) The First Decade of EU Migration and Asylum Law. Brill, 2011
SSRN
The refugee, the sovereign and the sea: EU interdiction policies in the Mediterranean
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.
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