A Topographical Approach to Accountability for Human Rights Violations in Migration Control
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A Topographical Approach to Accountability for Human Rights Violations in Migration Control. / Gammeltoft-Hansen, Thomas; Tan, Nikolas Feith.
I: German Law Journal, Bind 21, Nr. 3, 2020, s. 335-54.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - A Topographical Approach to Accountability for Human Rights Violations in Migration Control
AU - Gammeltoft-Hansen, Thomas
AU - Tan, Nikolas Feith
PY - 2020
Y1 - 2020
N2 - This Article develops what we call a “topographical approach” to accountability in migration control. Drawing on different strands of scholarship, including legal geography, “legal black holes,” and work on strategic litigation, we approach accountability by perceiving the site of a violation from a bird's-eye view and mapping different accountability structures across diverse legal regimes and via a broadened geographic lens. Rather than advocating for accountability in regard to particular regimes or jurisdictions, we argue that multi-pronged approaches are likely to remain the best starting point for ensuring accountability for human rights violations in the context of current migration control practices. The topographical approach thus offers a general framework for identifying existing blind spots, critically assessing existing trajectories, as well as exploring the wider grid of potential accountability mechanisms.
AB - This Article develops what we call a “topographical approach” to accountability in migration control. Drawing on different strands of scholarship, including legal geography, “legal black holes,” and work on strategic litigation, we approach accountability by perceiving the site of a violation from a bird's-eye view and mapping different accountability structures across diverse legal regimes and via a broadened geographic lens. Rather than advocating for accountability in regard to particular regimes or jurisdictions, we argue that multi-pronged approaches are likely to remain the best starting point for ensuring accountability for human rights violations in the context of current migration control practices. The topographical approach thus offers a general framework for identifying existing blind spots, critically assessing existing trajectories, as well as exploring the wider grid of potential accountability mechanisms.
U2 - 10.1017/glj.2020.31
DO - 10.1017/glj.2020.31
M3 - Journal article
VL - 21
SP - 335
EP - 354
JO - German Law Journal
JF - German Law Journal
SN - 2071-8322
IS - 3
ER -
ID: 239620934