TY - CHAP

T1 - Extraterritorial Migration Control and Deterrence

AU - Gammeltoft-Hansen, Thomas

AU - Tan, Nikolas Feith

PY - 2021

Y1 - 2021

N2 - Extraterritorial migration control represents a fundamental challenge to refugees’ ability to access asylum. The right to seek asylum, pivotal to the international protection of refugees, almost always requires that an asylum seeker reach a State’s territory to access protection. This chapter charts the emergence and evolution of different forms of extraterritorial migration control over the past three decades which render this access to protection increasingly dangerous and elusive. Equally, the chapter shows that international refugee law has not remained static in this period. From dynamic developments in the interpretation of key tenets of refugee law to the wider turn to international human rights law and litigation, refugee lawyers have consistently challenged restrictive developments in State practice. However, legal responses to extraterritorial migration control cannot stop here. This chapter sketches out a topographical approach to accountability, cutting across different legal regimes, different levels of national, transnational, regional, and international law, and different jurisdictions in both the Global North and the Global South, to confront the challenges thrown up by contemporary extraterritorial migration control and deterrence.

AB - Extraterritorial migration control represents a fundamental challenge to refugees’ ability to access asylum. The right to seek asylum, pivotal to the international protection of refugees, almost always requires that an asylum seeker reach a State’s territory to access protection. This chapter charts the emergence and evolution of different forms of extraterritorial migration control over the past three decades which render this access to protection increasingly dangerous and elusive. Equally, the chapter shows that international refugee law has not remained static in this period. From dynamic developments in the interpretation of key tenets of refugee law to the wider turn to international human rights law and litigation, refugee lawyers have consistently challenged restrictive developments in State practice. However, legal responses to extraterritorial migration control cannot stop here. This chapter sketches out a topographical approach to accountability, cutting across different legal regimes, different levels of national, transnational, regional, and international law, and different jurisdictions in both the Global North and the Global South, to confront the challenges thrown up by contemporary extraterritorial migration control and deterrence.

U2 - 10.1093/law/9780198848639.003.0028

DO - 10.1093/law/9780198848639.003.0028

M3 - Book chapter

SN - 9780198848639

BT - The Oxford Handbook of International Refugee Law

A2 - Costello, Cathryn

A2 - Foster, Michelle

A2 - McAdam, Jane

PB - Oxford University Press

ER -