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Vol 21 No 10 Oct/Nov 2016

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Extraterritorial Immigration Control: Legal Challenges

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Edited by: Valsamis Mitsilegas, Bernard Ryan

ISBN13: 9789004172333
Published: April 2010
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £127.00



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A central element of contemporary border regimes is their application to migrants before they reach a state's territory. The main forms of this extraterritorial immigration control are visa requirements, pre-embarkation immigration controls and the interception of irregular migrants at sea. This work analyses the complex relationship of the law to these practices, as legal guarantees are potentially avoided, while the legality of control is often uncertain. It examines the international law framework, including the law of the sea and the extraterritorial application of principles of non-refoulement contained in the Refugee Convention and in international human rights law. The work also includes detailed case-studies of the legal challenges posed by extraterritorial immigration controls in Europe, Australia and the United States.