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Externalizing Migration Management

Externalizing Migration Management
Author: Ruben Zaiotti
Publisher: Routledge
Total Pages: 309
Release: 2016-02-05
Genre: Science
ISBN: 1317308298

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The extension of border controls beyond a country’s territory to regulate the flows of migrants before they arrive has become a popular and highly controversial policy practice. Today, remote control policies are more visible, complex and widespread than ever before, raising various ethical, political and legal issues for the governments promoting them. The book examines the externalization of migration control from an interdisciplinary and comparative perspective, focusing on ‘remote control’ initiatives in Europe and North America, with contributions from the fields of politics, sociology, law, geography, anthropology, and history. This book uses empirically rich analyses and compelling theoretical insights to trace the evolution of ‘remote control’ initiatives and assesses their impact and policy implications. It also explores competing theoretical models that might explain their emergence and diffusion. Individual chapters tackle some of the most puzzling questions underlying remote control policies, such as the reasons why governments adopt these policies and what might be their impact on migrants and other actors involved.


Migration Law and the Externalization of Border Controls

Migration Law and the Externalization of Border Controls
Author: Anna Liguori
Publisher: Routledge
Total Pages: 120
Release: 2019-03-27
Genre: Law
ISBN: 0429798989

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Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating ‘legal black holes’. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author’s view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.


Refugee Externalisation Policies

Refugee Externalisation Policies
Author: Azadeh Dastyari
Publisher: Taylor & Francis
Total Pages: 174
Release: 2022-07-22
Genre: Political Science
ISBN: 1000610462

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This book examines the impact and effects of refugee externalisation policies in two regions: Australia’s border control practices in Southeast Asia and the Pacific and the activities of the European Union and its member states in North Africa. The book assesses the underlying motivations, processes, policy frameworks and human rights violations of refugee externalisation practices. Case studies illuminate the funding, institutional partnerships, geopolitical impacts, financial costs and the human price of refugee externalisation. It provides the first truly comparative analysis of asylum externalisation and explores maritime interdiction, extraterritorial process, containment and third-country interception, and communication campaigns in Southeast Asia and the Middle East/North Africa. This book will be of key interest to scholars and students of refugee and asylum studies, law, politics and the arts, legal practitioners, non-governmental organisations and policymakers grappling with the issues of detention, refugee externalisation practices and the growing need to find safety for the world’s most vulnerable.


EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes

EU External Migration Policies in an Era of Global Mobilities: Intersecting Policy Universes
Author: Sergio Carrera
Publisher: BRILL
Total Pages: 417
Release: 2018-12-10
Genre: Law
ISBN: 9004354239

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This collection examines the evolving European Union legal-institutional and policy frameworks for governing migration, borders and asylum post-2015/16. It is the first study on why and how the ‘intersectionality’ across policy areas and actors affects democratic rule of law and the mobility, livelihood and human rights of refugees and immigrants.


EurAfrican Borders and Migration Management

EurAfrican Borders and Migration Management
Author: Paolo Gaibazzi
Publisher: Springer
Total Pages: 307
Release: 2016-10-25
Genre: Political Science
ISBN: 1349949728

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This volume traces the African ramifications of Europe’s southern border. While the Mediterranean Sea has become the main stage for the current play and tragedy between European borders and African migrants, Europe’s southern border has also been “offshored” to Africa, mainly through cooperation agreements with countries of transit and origin. By bringing into conversation case studies from different countries and disciplines, this volume seeks to open a window on the backstage of this externalization of borders. It casts light on the sites – from consulates to open seas and deserts – in which Europe’s southern border is made and unmade as an African reality, yielding what the editors call "EurAfrican borders." It further describes the multiple actors – state agents, migrants, smugglers, activists, etc. – that variously imagine, construct, cross or contest these borders, and situates their encounters within the history of uneven exchanges between Africa and Europe.


Securitising Asylum Flows

Securitising Asylum Flows
Author: Valsamis Mitsilegas
Publisher: BRILL
Total Pages: 350
Release: 2020-04-20
Genre: Law
ISBN: 9004396810

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In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.


Understanding the Borderwork of the EU's Mainstreamed Migration Control-development Cooperation Agenda Through the EU Emergency Trust Fund for Africa Instrument

Understanding the Borderwork of the EU's Mainstreamed Migration Control-development Cooperation Agenda Through the EU Emergency Trust Fund for Africa Instrument
Author: Jana Walkowski
Publisher:
Total Pages:
Release: 2021
Genre:
ISBN:

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"One of the many border apparatuses that migrants and refugees face include the myriad 'cooperative' measures between European states and perceived 'transit' and/or 'origin' states- a form of externalized borderwork- that seeks to regulate the flows of migrants perceived to be heading toward Europe. Externalizing these borders has relied on a variety of policy instruments whereby the mainstreaming of migration priorities with development activities abroad is emerging as a central European policy priority. This thesis explores this trend empirically through a focused case study of the EU Emergency Trust Fund for Africa (EUTF-A) instrument to deconstruct (1) how we should understand the mainstreaming of the European migration/border enforcement agenda with European development cooperation as a strategy of border externalization, and to unpack, (2) how the developmental dimension of such initiatives facilitates related borderwork. This policy instrument is analyzed using an interdisciplinary approach with an interpretive qualitative methodology based on a document analysis and discourses analysis of key EUTF-A policy documents, as well as a critical visual analysis of its "Stories from Africa" Virtual Exhibition. Findings illustrate that the EUTF-A facilitates externalized borderwork by enabling dialogues on return/readmission and other border arrangements and by funding borderwork projects and actors on the ground. The coupling of development cooperation with migration control appears to legitimize Europe's externalized border activities as necessary and positive practices. This thesis thereby argues that the mainstreamed migration-development agenda serves to embed migration priorities into development priorities and its developmental dimension depoliticizes border externalization and the related European migration agenda. Findings contribute to a literature that has not sufficiently engaged with the different features of migration management tools, nor sufficiently engaged with the developmental nature of the border interventions themselves"--


The Security Sector Governance–Migration Nexus

The Security Sector Governance–Migration Nexus
Author: Sarah Wolff
Publisher: Ubiquity Press
Total Pages: 80
Release: 2021-05-13
Genre: Social Science
ISBN: 1911529935

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The main argument is that improving migrants’ rights and conceptual linkages between SSG/R and migration is best achieved, by decentring our gaze, namely going beyond the ‘national’ and ‘state-centric’ view that characterizes traditionally SSG/R and to consider the agency of both migrants and SSR actors. First from a migrants’ perspective, it is key for SSR actors to go beyond traditional legal classifications and to consider the diversity of personal situations that involve refugees, stranded migrants and asylum seekers, which might endorse different roles at different times of their journeys and lives. Second, the transnational nature of migration calls for a transnationalization of SSG/R too. For too long the concept has mostly been applied within the national setting of SSR institutions and actors. Migration calls for a clear decentring that involves a transnational dimension and more work among transnational actors and policymakers to facilitate a norm transfer from the domestic to the interstate and international level. As such, the ‘transnational’ nature of migration and its governance needs to be ‘domesticated’ within the national context in order to change the mindset of SSG/R actors and institutions. More importantly, the paper argues that poor SSG/R at home produces refugees and incentivizes migrants to leave their countries after being victims of violence by law enforcement and security services. During migrants’ complex and fragmented journeys, good security sector governance is fundamental to address key challenges faced by these vulnerable groups. I also argue that a better understanding of migrants’ and refugees’ security needs is beneficial and central to the good governance of the security sector. After reviewing the key terms of migration and its drivers in section 2, section 3 reviews how SSG is part of the implementation of the GCM. SSR actors play a role in shaping migratory routes and refugees’ incentives to leave, in explaining migrants’ and refugees’ resilience, in protecting migrants and refugees, and in providing security. Although it cautions against artificial classifications and the term of ‘transit migration’, section 4 reviews what the core challenges are in the countries of origin, transit and destination. Section 5 provides a detailed overview of the linkages between migration and each security actor: the military, police forces, intelligence services, border guards, interior ministries, private actors, criminal justice, parliaments, independent oversight bodies and civil society. Section 6 formulates some recommendations.


International Migration Law

International Migration Law
Author: Vincent Chetail
Publisher: Oxford University Press
Total Pages: 575
Release: 2019-04-04
Genre: Law
ISBN: 019164546X

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International Migration Law provides a detailed and comprehensive overview of the international legal framework applicable to the movement of persons across borders. The role of international law in this field is complex, and often ambiguous: there is no single source for the international law governing migration. The current framework is scattered throughout a wide array of rules belonging to numerous fields of international law, including refugee law, human rights law, humanitarian law, labour law, trade law, maritime law, criminal law, and consular law. This textbook therefore cuts through this complexity by clearly demonstrating what the current international law is, and assessing how it operates. The book offers a unique and comprehensive mapping of this growing field of international law. It brings together and critically analyses the disparate conventional, customary, and soft law on a broad variety of issues, such as irregular migration, human trafficking, refugee protection, labour migration, non-discrimination, regional free movement schemes, and global migration governance. It also offers a particular focus on important groups of migrants, namely migrant workers, refugees, and smuggled migrants. It maps the current status of the law governing their movement, providing a thorough critical analysis of the various stands of international law which apply to them, suggesting how the law may continue to develop in the future. This book provides the perfect introduction to all aspects of migration and international law.