Coverart for item
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)

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
Creator
Subject
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)
Link
https://doi-org.ezproxy.eui.eu/10.4324/9780429439100
Instantiates
Publication
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)
Link
https://doi-org.ezproxy.eui.eu/10.4324/9780429439100
Publication
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

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