Extraterritorial Jurisdiction

Cedric Ryngaert

Chapter 28 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 159-163 from Edward Elgar Publishing

Abstract: States are on a trajectory to decouple extraterritorial migration control operations from extraterritorial accountability. They do so by artificially weakening the de facto and de jure jurisdictional links between the migrants and the conduct of the state. They push migration control farther away from their shores, notably by externalizing pushback/pullback and processing responsibilities to upstream migration states. International human rights supervisory bodies have stretched, almost to breaking point, the concept of jurisdiction to ensure accountability for human rights violations committed in the context of externalization practices. Courts, both national and international, have been somewhat more reluctant. Ultimately, however, rulings on states’ extraterritorial jurisdiction over migration do not shed much light on the appropriate division of institutional responsibilities towards migrants within the international community at large.

Keywords: Extraterritoriality; Jurisdiction; Migration; Externalization; Accountability; European Court of Human Rights (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
References: Add references at CitEc
Citations:

Downloads: (external link)
https://www.elgaronline.com/doi/10.4337/9781802204155.00034 (application/pdf)
Our link check indicates that this URL is bad, the error code is: 403 Forbidden

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:21125_28

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 Jack Sweeney ().