Research Handbook on International Refugee Law
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Research Handbook on International Refugee Law

Edited by Satvinder Singh Juss

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Chapter 7: The rise of consensual containment: from contactless control to contactless responsibility for migratory flows

Mariagiulia Giuffré and Violeta Moreno-Lax

Abstract

This chapter investigates whether the implementation of transferred means of migration control to countries of origin and/or transit through mechanisms of ‘consensual containment’ may hamper refugee rights. It questions whether the practice of ‘contactless control’ does indeed insulate European States from legal accountability for violations suffered by migrants and refugees in third countries, or rather whether they engage international responsibility for breaches of human rights obligations, such as the principle of non-refoulement and the right to leave any country. In mapping out the different measures of contactless control, this chapter focuses on those instruments whose implementation raises particular concerns for the impact they may have on the rights of those in need of international protection. It ultimately critically assesses the concept of extraterritorial ‘contactless jurisdiction’, the role of knowledge, and the extent of State responsibility under international law.

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