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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Human Rights and the Dark Side of Globalisation: Transnational Law Enforcement and Migration Control

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Edited by: Thomas Gammeltoft-Hansen, Jens Vedsted-Hansen

ISBN13: 9781138222243
To be Published: December 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback
Price: £31.99

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.

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

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Human Rights and Civil Liberties
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]