Extraterritorial Immigration Control: Legal Challenges
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| Anteprima |
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.
