No.21 Extraterritorial Immigration Control: Legal Challenges

Issued on 29/04/2010

Summary

The 21st edition of the Immigration and Asylum Law and Policy in Europe book series: Extraterritorial Immigration Control: Legal Challenges, edited by Bernard Ryan and Valsamis Mitsilegas is now available to order

Description

This book is part of a Martinus Nijhoff series published by Brill. Click here to order.

A central element of contemporary border regimes is their application to migrants before they reach a state's territory.

The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea.

This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain.

It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law.

The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.

Table of contents

Part I: Overviews

• 1. Extraterritorial Immigration Control: What role for legal guarantees? - Bernard Ryan,;
  
• 2. Extraterritorial Immigration Control in the 21st Century: The individual and the state transformed - Valsamis Mitsilegas;
  

Part II: International law aspects

• 3. The Concept of State Jurisdiction and the Applicability of the Non-refoulement Principle to Extraterritorial Interception Measures - Anja Klug and Tim Howe;
  
• 4. The International Law of the Sea and Migration Control - Richard Barnes;
  
• 5. The Legal Framework Concerning the Smuggling of Migrants at Sea under the UN Protocol on the Smuggling of Migrants by Land, Sea and Air - Tom Obokata;
  

Part III: European Union aspects

• 6. Europe Beyond its Borders: Refugee and human rights protection in extraterritorial immigration control - Maarten den Heijer;
  
• 7. Extraterritorial Migration Control and Human Rights: Preserving the responsibility of the EU and its Member States - Evelien Brouwer ;
  
• 8. Extraterritorial Border Controls in the EU: the role of Frontex in operations at sea - Anneliese Baldaccini ;
  
• 9. The Transformation of European Border Controls - Elspeth Guild and Didier Bigo;
  

Part IV: State practice

Migration Control at Sea: The Italian case - Alessia di Pascale;

• 10. Extraterritorial strategies to tackle irregular immigration by sea: A Spanish perspective - Paula García Andrade;
  
• 11. Controlling Migration by Sea: The Australian case - Susan Kneebone;
  
• 12. US Migrant Interdiction Practices in International and Territorial Waters - Niels Frenzen;
  
• 13. The UK and Extra-territorial Immigration Control: Entry clearance and juxtaposed control - Gina Clayton;
  

Readership

Academics, advanced students, lawyers and legal and policy advisers working in the fields of migration law, international human rights law and public international law.

About the authors

Bernard Ryan has a PhD from the European University Institute and is Reader in Law at the University of Kent. He has published widely on migration law and has edited Labour Migration and Employment Rights (Institute of Employment Rights, 2005).

Valsamis Mitsilegas is Professor of European Criminal Law at Queen Mary, University of London. From 2001 to 2005 he was legal adviser to the House of Lords Select Committee on the European Union. He has published widely in the field of EU Justice and Home Affairs (including both EU immigration law and EU criminal law). His latest book is EU Criminal Law (Hart, 2009).