Suchergebnisse

The timely subject matter of this work focuses on the interface between extraterritorial border surveillance and migration control by EU member states, and the rights that asylum seekers acquire from EU law. In particular Moreno-Lax concentrates on the relationship between the EU Charter of Fundamental Rights and border control measures

AbstractThis article contests the strategic use of what I have called meta-borders. These are the array of border enforcement mechanisms implemented beyond the physical frontiers of States through different means and by different actors, for the purpose or with the effect of denying human rights protection to (unwanted) non-citizens. The ensuing 'irresponsibilisation' of States of destination, on whose behalf or for whose benefit the measures are executed, is anathema to the Rule of Law. My main contention is that prevailing understandings of jurisdiction and responsibility, as applied to externalised migration controls (the core feature of meta-borders), need to be revised. Currently, they allow for the emergence of a double standard, solely dependent on location, whereby the State may act abroad with impunity in relation to the human rights consequences of its conduct, exploiting geographical distance to create and legitimate ethical and legal detachment from its own wrongdoing. This article proposes an alternative model of 'responsibilisation' that tallies with the flexible spatiality of migration governance. The functional configuration of the meta-border is matched with an equally functional conceptualisation of jurisdiction that rejects unaccountable forms of power. The article thus problematises the localisation of the meta-border, mapping its multiple roles, modes, and dimensions, highlighting the significance of its legal manifestations, before exploring the impact of law on the de-territorialisation of the sovereign exercises of demarcation, delimitation, and exclusion that it implies. The meta-border, crafted by legal fiat, actively (re)orders space, curtailing the reach of human rights and disclaiming responsibility for related violations. To reconcile power with accountability, I advance the 'responsibilisation' model, premised on the acceptance that human rights, as fundamental components of the Rule of Law, track and constrain all exercises of State authority.

AbstractThis article looks at securitization/humanitarianization dynamics in the EU external sea borders to track and critique the substantial transformation of the role played by human rights in the Mediterranean. Mapping the evolution of maritime engagement up to the 'refugee crisis', it is revealed how the invocation of human rights serves paradoxically to curtail (migrants') human rights, justifying interdiction ('to save lives'), and impeding access to safety in Europe. The result is a double reification of 'boat migrants' as threats to border security and as victims of smuggling/trafficking. Through a narrative of 'rescue', interdiction is laundered into an ethically sustainable strategy of border governance. Instead of being considered a problematic (potentially lethal) means of control, it is re‐defined into a life‐saving device. The ensuing 'rescue‐through‐interdiction'/'rescue‐without‐protection' paradigm alters the nature of human rights, which, rather than functioning as a check on interdiction, end up co‐opted as another securitization/humanitarianization tool.

Solidarity has a key role to play in the allocation of responsibility for refugee protection, as is implied by Article 80 TFEU. Yet, EU law fails to provide a definition and a clear indication of what it entails, especially as for its external reach. Against this background, this article embarks on a theoretical/practical investigation of the normative bases of 'EU solidarity'. Building on a cosmopolitan vision, it unpacks the multi-polar/multi-functional nature of the concept, as a founding value and constitutional (meta-)principle of EU law. In such a guise, it will posit that solidarity gives rise to an (autonomous) primary law duty of responsibility sharing/good faith cooperation that requires 'fairness' and 'respect for fundamental rights', as a uniform/all-pervading structural command generally applicable across policy fields. So configured, solidarity governs intra/extra-EU relations (based on the principle of coherence). The institutional, material, and procedural aspects of solidarity are thus explored to distil its horizontal, vertical, and systemic facets. Combined, they arguably produce a triple duty of conduct, loyalty, and result that permeates EU integration as a whole, calling into question the self-serving approach currently guiding the Common European Asylum System's (CEAS) 'external dimension', as exemplified by the EU-Turkey 'deal'.

Preliminary Material /Violeta Moreno-Lax and Efthymios Papastavridis -- Introduction: Tracing the Bases of an Integrated Paradigm for Maritime Security and Human Rights at Sea /Violeta Moreno-Lax and Efthymios Papastavridis -- Setting the Scene: Refugees, Asylum Seekers, and Migrants at Sea – the Need for a Long-term, Protection-Centred Vision /Guy S. Goodwin-Gill -- A Maritime Security Framework for the Legal Dimensions of Irregular Migration by Sea /Natalie Klein -- The Perfect Storm: Sovereignty Games and the Law and Politics of Boat Migration /Thomas Gammeltoft-Hansen -- Who is the 'Boat Migrant'? Challenging the Anonymity of Death by Border-Sea /Tamara Last -- The Migrant Smuggling Protocol and the Need for a Multi-faceted Approach: Inter-sectionality and Multi-actor Cooperation /Jean-Pierre Gauci and Patricia Mallia -- Boat Migrants as the Victims of Human Trafficking: Exploring Key Obligations through a Human Rights Based Approach /Tom Obokata -- Transnational Crime and the Rule of Law at Sea: Responses to Maritime Migration and Piracy Compared /Douglas Guilfoyle -- Interception of Migrant Boats at Sea /Jasmine Coppens -- The Duty to Assist Persons in Distress: An Alternative Source of Protection against the Return of Migrants and Asylum Seekers to the High Seas? /Lisa-Marie Komp -- Access to Asylum at Sea? Non-refoulement and a Comprehensive Approach to Extraterritorial Human Rights Obligations /Mariagiulia Giuffré -- Responses to 'Boat Migration': A Global Perspective – US Practices /Niels Frenzen -- The (Un-)sustainability of Australia's Offshore Processing and Settlement Policy /Claire Higgins -- Leave and Let Die: The EU Banopticon Approach to Migrants at Sea /Marie-Laure Basilien-Gainche -- Into Africa: 'Boat People' in Sub-Saharan Africa /Cristiano D'Orsi , Sergio Carciotto and Corey R. Johnson -- The EU External Borders Policy and Frontex-Coordinated Operations at Sea: Who is in Charge? Reflections on Responsibility for Wrongful Acts /Maïté Fernandez -- An Examination of the Comprehensive Plan of Action as a Response to Mass Influx of 'Boat People': Lessons Learnt for a Comprehensive Approach to Migration by Sea /Meltem Ineli-Ciger -- Conclusion: Closing Remarks: The Present and Future of 'Boat Refugees' and Migrants at Sea /Anja Klug -- Select Bibliography /Violeta Moreno-Lax and Efthymios Papastavridis -- Index /Violeta Moreno-Lax and Efthymios Papastavridis.