Protecting the Right to Leave in an Era of Externalised Migration Control
Produktdetaljer
Biografisk notat
Emilie McDonnell's experience in human rights and refugee issues includes roles at the Australian Human Rights Commission, Human Rights Watch and the Tasmanian Refugee Legal Service. She is an Adjunct Senior Researcher within the School of Law at the University of Tasmania, Australia.This book explores the human right to leave any country – including one’s own – in international law, and its applicability to externalised migration control.
It develops a framework for interpreting the right and demonstrates how various externalisation measures violate it, leading to the international responsibility of states and international organisations.
Analysing the work of international and regional systems enshrining the right and examining global externalisation practices, it demonstrates the radical reform required by states and international organisations to comply with the right to leave. Implementing the author's recommendations would compel the dismantlement of many current externalisation strategies and a re-imagining of the global (im)mobility regime.
This book offers compelling insights for lawyers in the fields of international law, human rights and refugee law, as well as migration policymakers, practitioners and officials.
Foreword, Guy S Goodwin-Gill (University of Oxford, UK)
1. Introduction
Part 1: A General Framework for the Right to Leave
2. The Right to Leave Any Country in International Law
3. The State’s Right to Control Entry and Obligations to Admit: The Relationship between Entry and Exit
4. The Right to Leave for Asylum Seekers and Refugees
Part 2: Externalised Migration Controls
5. Visa Regimes and Carrier Sanctions
6. Pushbacks and Pullbacks at Sea and on Land
7. Conclusion
Rigorous scholarship embracing all things public international law from the doctrinal to the theoretical.
This series contains monographs on all aspects of public international law, embracing a broad range of approaches, from the technical and doctrinal to theoretical and speculative. Titles in the series explore both general questions of international law and the subject's more specialist fields and offer perspectives from international lawyers at all stages in their research careers.