The Resource Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource)
Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource)
Resource Information
The item Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource) represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute.This item is available to borrow from 1 library branch.
Resource Information
The item Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource) represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in European University Institute.
This item is available to borrow from 1 library branch.
- Summary
- Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating 'legal black holes'. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-aa-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.--
- Language
- eng
- Extent
- 1 online resource
- Contents
-
- Cover; Half Title; Series Page; Title Page; Copyright Page; Contents; Preface; List of abbreviations; Introduction; PART I: A case study: the 2017 Italy-Libya Memorandum of Understanding; 1 The Italy-Libya Memorandum of Understanding of 2 February 2017; 2 Violations of human rights in Libya; 3 Italy's responsibility for complicity; 3.1 Article 16 of the International Law Commission Draft Articles on the Responsibility of States (ASR); 3.1.1 The mental element; 3.1.2 The requirement of opposability; 3.2 Italy's responsibility for complicity
- 4 Italy's responsibility for violation of positive obligations inherent in Article 3 ECHR4.1 Overlap between complicity and positive obligations; 4.2 Italy's responsibility for violation of positive obligations; 4.2.1 Jurisdiction under ECHR; 4.2.2 ECHR case law on positive obligations and jurisdiction; 5 Closing remarks; PART II: The 2017 Italy-Libya Memorandum of Understanding as a small part of a broader scenario; 1 The Externalization of EU migration policies; 1.1 The external dimension of EU migration and asylum policy in the GAMM and in the Agenda on Migration
- 1.2 The EU-Turkey statement of 18 March 20161.2.1 Criticism concerning human rights and refugee law; 1.2.2 Criticism concerning European Constitutional law; 1.3 From the European Commission communication of 7 June 2016 establishing a new Partnership Framework with third countries to the European Council conclusions of 28 June and 18 October 2018; 2 The attitude of the Luxembourg Court vis-à-vis externalization; 2.1 The case law concerning the EU-Turkey Statement; 2.2 The humanitarian visa judgment of 7 March 2017; 3 Closing remarks; Conclusions; Bibliography; Index
- Isbn
- 9780429439100
- Label
- Migration law and the externalization of border controls : European state responsibility
- Title
- Migration law and the externalization of border controls
- Title remainder
- European state responsibility
- Statement of responsibility
- Anna Liguori
- Subject
-
- Immigrants -- Civil rights -- Italy
- Italy -- Foreign relations -- Libya
- Immigrants -- Civil rights -- European Union countries
- Border security -- Italy
- Emigration and immigration law -- European Union countries
- Libya -- Foreign relations -- Italy
- Emigration and immigration law -- Libya
- Border security -- European Union countries
- Emigration and immigration law -- Italy
- Language
- eng
- Summary
- Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating 'legal black holes'. Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations. This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing, in particular, on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-aa-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg. Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.--
- Assigning source
- Provided by publisher
- http://library.link/vocab/creatorName
- Liguori, Anna
- Dewey number
- 342.2408
- Index
- index present
- Literary form
- non fiction
- Nature of contents
-
- dictionaries
- bibliography
- Series statement
-
- Taylor & Francis eBooks
- Routledge research in EU law
- http://library.link/vocab/subjectName
-
- Emigration and immigration law
- Immigrants
- Immigrants
- Emigration and immigration law
- Emigration and immigration law
- Border security
- Border security
- Italy
- Libya
- Label
- Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource)
- Antecedent source
- unknown
- Bibliography note
- Includes bibliographical references and index
- Carrier category
- online resource
- Carrier category code
-
- cr
- Carrier MARC source
- rdacarrier
- Color
- multicolored
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent
- Contents
-
- Cover; Half Title; Series Page; Title Page; Copyright Page; Contents; Preface; List of abbreviations; Introduction; PART I: A case study: the 2017 Italy-Libya Memorandum of Understanding; 1 The Italy-Libya Memorandum of Understanding of 2 February 2017; 2 Violations of human rights in Libya; 3 Italy's responsibility for complicity; 3.1 Article 16 of the International Law Commission Draft Articles on the Responsibility of States (ASR); 3.1.1 The mental element; 3.1.2 The requirement of opposability; 3.2 Italy's responsibility for complicity
- 4 Italy's responsibility for violation of positive obligations inherent in Article 3 ECHR4.1 Overlap between complicity and positive obligations; 4.2 Italy's responsibility for violation of positive obligations; 4.2.1 Jurisdiction under ECHR; 4.2.2 ECHR case law on positive obligations and jurisdiction; 5 Closing remarks; PART II: The 2017 Italy-Libya Memorandum of Understanding as a small part of a broader scenario; 1 The Externalization of EU migration policies; 1.1 The external dimension of EU migration and asylum policy in the GAMM and in the Agenda on Migration
- 1.2 The EU-Turkey statement of 18 March 20161.2.1 Criticism concerning human rights and refugee law; 1.2.2 Criticism concerning European Constitutional law; 1.3 From the European Commission communication of 7 June 2016 establishing a new Partnership Framework with third countries to the European Council conclusions of 28 June and 18 October 2018; 2 The attitude of the Luxembourg Court vis-à-vis externalization; 2.1 The case law concerning the EU-Turkey Statement; 2.2 The humanitarian visa judgment of 7 March 2017; 3 Closing remarks; Conclusions; Bibliography; Index
- Control code
- on1080247838
- Dimensions
- unknown
- Extent
- 1 online resource
- File format
- unknown
- Form of item
- online
- Governing access note
- Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
- Isbn
- 9780429439100
- Level of compression
- unknown
- Media category
- computer
- Media MARC source
- rdamedia
- Media type code
-
- c
- Quality assurance targets
- not applicable
- Reformatting quality
- unknown
- Sound
- unknown sound
- Specific material designation
- remote
- System control number
- (OCoLC)1080247838
- Label
- Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource)
- Antecedent source
- unknown
- Bibliography note
- Includes bibliographical references and index
- Carrier category
- online resource
- Carrier category code
-
- cr
- Carrier MARC source
- rdacarrier
- Color
- multicolored
- Content category
- text
- Content type code
-
- txt
- Content type MARC source
- rdacontent
- Contents
-
- Cover; Half Title; Series Page; Title Page; Copyright Page; Contents; Preface; List of abbreviations; Introduction; PART I: A case study: the 2017 Italy-Libya Memorandum of Understanding; 1 The Italy-Libya Memorandum of Understanding of 2 February 2017; 2 Violations of human rights in Libya; 3 Italy's responsibility for complicity; 3.1 Article 16 of the International Law Commission Draft Articles on the Responsibility of States (ASR); 3.1.1 The mental element; 3.1.2 The requirement of opposability; 3.2 Italy's responsibility for complicity
- 4 Italy's responsibility for violation of positive obligations inherent in Article 3 ECHR4.1 Overlap between complicity and positive obligations; 4.2 Italy's responsibility for violation of positive obligations; 4.2.1 Jurisdiction under ECHR; 4.2.2 ECHR case law on positive obligations and jurisdiction; 5 Closing remarks; PART II: The 2017 Italy-Libya Memorandum of Understanding as a small part of a broader scenario; 1 The Externalization of EU migration policies; 1.1 The external dimension of EU migration and asylum policy in the GAMM and in the Agenda on Migration
- 1.2 The EU-Turkey statement of 18 March 20161.2.1 Criticism concerning human rights and refugee law; 1.2.2 Criticism concerning European Constitutional law; 1.3 From the European Commission communication of 7 June 2016 establishing a new Partnership Framework with third countries to the European Council conclusions of 28 June and 18 October 2018; 2 The attitude of the Luxembourg Court vis-à-vis externalization; 2.1 The case law concerning the EU-Turkey Statement; 2.2 The humanitarian visa judgment of 7 March 2017; 3 Closing remarks; Conclusions; Bibliography; Index
- Control code
- on1080247838
- Dimensions
- unknown
- Extent
- 1 online resource
- File format
- unknown
- Form of item
- online
- Governing access note
- Use of this electronic resource may be governed by a license agreement which restricts use to the European University Institute community. Each user is responsible for limiting use to individual, non-commercial purposes, without systematically downloading, distributing, or retaining substantial portions of information, provided that all copyright and other proprietary notices contained on the materials are retained. The use of software, including scripts, agents, or robots, is generally prohibited and may result in the loss of access to these resources for the entire European University Institute community
- Isbn
- 9780429439100
- Level of compression
- unknown
- Media category
- computer
- Media MARC source
- rdamedia
- Media type code
-
- c
- Quality assurance targets
- not applicable
- Reformatting quality
- unknown
- Sound
- unknown sound
- Specific material designation
- remote
- System control number
- (OCoLC)1080247838
Subject
- Border security -- European Union countries
- Border security -- Italy
- Emigration and immigration law -- European Union countries
- Emigration and immigration law -- Italy
- Emigration and immigration law -- Libya
- Immigrants -- Civil rights -- European Union countries
- Immigrants -- Civil rights -- Italy
- Italy -- Foreign relations -- Libya
- Libya -- Foreign relations -- Italy
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.library.eui.eu/portal/Migration-law-and-the-externalization-of-border/a8mojO8O5q8/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.library.eui.eu/portal/Migration-law-and-the-externalization-of-border/a8mojO8O5q8/">Migration law and the externalization of border controls : European state responsibility, Anna Liguori, (electronic resource)</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.library.eui.eu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.library.eui.eu/">European University Institute</a></span></span></span></span></div>
