Territoriality and Asylum Law: The Use of Territorial Jurisdiction to Circumvent Legal Obligations and Human Rights Law Responses

Bibliography File Note

Type
Book Section

Author
Hemme Battjes

URL
http://ift.tt/2kW5ts4

Series
Netherlands Yearbook of International Law

Publisher
T.M.C. Asser Press, The Hague

Pages
263-286

ISBN
978-94-6265-206-4 978-94-6265-207-1

Date
2017

Extra
DOI: 10.1007/978-94-6265-207-1_11

Accessed
2017-12-19 23:22:32

Library Catalog
link-springer-com.ezproxy.lib.monash.edu.au

Language
en

Abstract
The framework for refugee protection established around 1950 seemed to be essentially territorial. In this chapter, the ways in which states redefined entry into territory and indeed territory itself in order to accommodate schemes for migration control and to limit refugee law obligations is explored, as well how states, drawing on the notion that refugee law applies within the territory, set up border controls away from their borders. Furthermore, the responses of human rights treaty monitoring bodies are analysed – both as regards the redefinitions of borders and territory, as well as regards extraterritorial acts. The picture is mixed: on the one hand human rights law did develop constraints on state actions, on the other hand the notion of territoriality limits alternative human rights law approaches to define state responsibility.

Book Title
Netherlands Yearbook of International Law 2016

Short Title
Territoriality and Asylum Law

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