Human Rights and the Dark Side of Globalisation: Transnational law enforcement and migration control (Paperback) book cover

Human Rights and the Dark Side of Globalisation

Transnational law enforcement and migration control

Edited by Thomas Gammeltoft-Hansen, Jens Vedsted-Hansen

© 2017 – Routledge

366 pages | 1 B/W Illus.

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Description

This edited volume examines the continued viability of international human rights law in the context of growing transnational law enforcement. With states increasingly making use of global governance modes, core exercises of public authority such as migration control, surveillance, detention and policing, are increasingly conducted extraterritorially, outsourced to foreign governments or delegated to non-state actors.

New forms of cooperation raise difficult questions about divided, shared and joint responsibility under international human rights law. At the same time, some governments engage in transnational law enforcement exactly to avoid such responsibilities, creatively seeking to navigate the complex, overlapping and sometimes unclear bodies of international law. As such, this volume argues that this area represents a particular dark side of globalisation, requiring both scholars and practitioners to revisit basic assumptions and legal strategies.

The volume will be of great interest to students, scholars and practitioners of international relations, human rights and public international law.

Reviews

'The topic of this book is as important and timely as its contributions are expert and original. As the phenomenon of mass migration has come to increased prominence on the agenda of global public policy, so too the efforts made by states to control their borders, restrict immigration and engage in cross-border law-enforcement and surveillance have raised important questions about the negative effects on human rights protection of cooperative activities by states at a regional and global level. This book offers an impressive and authoritative tour d’horizon of the key legal aspects, and as such is essential reading for policy makers, practitioners, academics and students working on the topic.' - Ralph Wilde, Faculty of Laws, University College London, UK

Table of Contents

Introduction

Human Rights in an Age of International Cooperation

[T. Gammeltoft-Hansen & Jens Vedsted-Hansen]

Part I. General issues pertaining to human rights and transnational law enforcement

Shared responsibility for human rights violations: A relational account

[André Nollkaemper]

Extraterritoriality and human rights: Prospects and challenges

[Marko Milanovic]

Part II. Law enforcement and security operations

Transnational operations carried out from a State’s own territory – Armed drones and theextraterritorial effect of international human rights conventions

[Peter Vedel Kessing]

NSA surveillance and its meaning for international human rights law

[Mark Gibney]

Jurisdiction at sea: migrant interdiction and the transnational security state

[Douglas Guilfoyle]

Counter-piracy: Navigating the cloudy waters of international law, domestic law and human rights?

[Birgit Feldtmann]

Rescuing migrants at sea and the law of international responsibility

[Efthymios Papastavridis]

Part III. Migration control and access to asylum

Re-linking power and responsibility in extraterritorial immigration control. The case of immigration liaison officers

[Fabiane Baxewanos]

State responsibility and migration control: Australia’s international deterrence model

[Nikolas Feith Tan]

Multi-stakeholder operations of border control coordinated at the EU level and the allocation of international responsibilities

[Maïté Fernandez]

A ‘blind spot’ in the framework of international responsibility? Third party responsibility for human rights violations: The case of Frontex

[Melanie Fink]

The legality of Frontex Operation Hera-type migration control practices in light of the Hirsi judgment

[Niels Frenzen]

The Dark Side of Globalization: do EU border controls contribute to death in the Mediterranean?

[Elspeth Guild ]

‘Outsourcing’ protection and the transnational relevance of protection elsewhere: the case of UNHCR

[Julian M. Lehmann]

About the Editors

Thomas Gammeltoft-Hansen is Research Director at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Sweden, and Honorary Professor of Law at Aarhus University, Denmark.

Jens Vedsted-Hansen is Professor at the School of Law, Aarhus University, Denmark.

About the Series

Routledge Studies in Human Rights

The Routledge Human Rights series publishes high quality and cross-disciplinary scholarship on topics of key importance in human rights today. In a world where human rights are both celebrated and contested, this series is committed to create stronger links between disciplines and explore new methodological and theoretical approaches in human rights research. Aimed towards both scholars and human rights professionals, the series strives to provide both critical analysis and policy-oriented research in an accessible form. The series welcomes work on specific human rights issues as well as on cross-cutting themes and institutional perspectives.

Learn more…

Subject Categories

BISAC Subject Codes/Headings:
POL000000
POLITICAL SCIENCE / General