Extraterritorial rights of refugees

Chimène I. Keitner

Chapter 17 in Research Handbook on Extraterritoriality in International Law, 2023, pp 292-309 from Edward Elgar Publishing

Abstract: This chapter assesses recent jurisprudence on destination states’ extraterritorial legal obligations towards refugees and migrants who have not yet reached the state’s territorial border. The chapter begins with a discussion of the territorial foundation of basic rights protections, as traditionally conceived. It then surveys domestic legal frameworks in the United States and in Australia that, by and large, have excluded individuals outside the state’s borders from legal protection. The analysis focuses on jurisprudence involving arrivals by sea, where the two countries’ policies and caselaw converge. However, the same basic principles are implicated by governments’ attempts to prevent land crossings, whether at the border between Mexico and the United States, or between Belarus and Poland. The chapter concludes that any long-term strategy to protect vulnerable populations must focus not only on legal arguments, but also on the preconditions for states to accept and internalize more expansive obligations to non-citizens.

Keywords: Law - Academic (search for similar items in EconPapers)
Date: 2023
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781800885592.00026 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 503 Service Temporarily Unavailable

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:elg:eechap:20680_17

Ordering information: This item can be ordered from
http://www.e-elgar.com

Access Statistics for this chapter

More chapters in Chapters from Edward Elgar Publishing
Bibliographic data for series maintained by Darrel McCalla ().