scholarly journals The Impact of Externalization of Migration Controls on the Rights of Asylum Seekers and Other Migrants

2016 ◽  
Vol 4 (4) ◽  
pp. 190-220 ◽  
Author(s):  
Bill Frelick ◽  
Ian M. Kysel ◽  
Jennifer Podkul

Wars, conflict, and persecution have forced more people to flee their homes and seek refuge and safety elsewhere than at any time since the end of World War II. As displaced people and other migrants increasingly move out of the conflict-ridden and less developed regions of their displacement and into relatively rich and stable regions of the world, the countries of destination are increasingly working to contain and even stem the migration flow before it reaches their shores. Perversely, countries that have developed generally rights-sensitive standards and procedures for assessing protection claims of asylum seekers within their jurisdictions have simultaneously established barriers that prevent migrants, including asylum seekers, from setting foot on their territories or otherwise triggering protection obligations. Consequently, those who would otherwise have been able to avail themselves of asylum procedures, social support, and decent reception conditions are often relegated to countries of first arrival or transit that have comparatively less capacity to ensure protection of human rights in accordance with international standards. This paper seeks to develop a working definition of the externalization of migration controls and how such externalization of the border implicates the human rights of migrants, and asylum seekers in particular. Although the majority of those migrants seeking legal protections stay in countries neighboring their own, hundreds of thousands continue their journeys in search of protection and stability in more distant states, including in the European Union, the United States, and Australia. In response to the significant increase in asylum seekers arriving at their borders, all three entities have significantly increased deterrence measures with the hopes of keeping new arrivals from entering. This paper will thus highlight a number of the most troubling externalization strategies used by the European Union, the United States, and Australia. Finally, because rights-threatening externalization law, policies, and practices implicate the international legal responsibility of the destination states pursuing them, the paper will conclude by presenting recommendations that could strengthen protection of human rights in the context of state actions seeking to manage migration.

Author(s):  
Marina Popa ◽  
Maia Pisaniuc

The objective of this research is to demonstrate the impact of technological, economic and social indicators on productivity and competitiveness through the HARD Matrix method, proposed by the European Commission. The level of economic development of different countries, as well as the degree of diversification and specialization of their world production, determines the degree of integration of national economies in the world economy that differs considerably by country and group of countries. The expansion and amplification of the internationalization process have substantially changed the place and role of each state in the world economy. Due to this process, today's world economy is no longer a simple sum of economies put in contact, but a global-universal system, unitary through the interrelationships between the component subsystems and its extremely heterogeneous structure. In the twenty first-century, the process of amplifying innovation, the net economy, and the Covid 19 pandemic have shaped new trends in the world countries and determined the balance of power between the three great empires of the world – the United States, the European Union, and China. At the same time, there are no similar links between the United States, the European Union and China, they do not share the same culture, do not share the same geographic space, and do not use the same models of economic development, but all of them consider innovation, sophisticated business, technology, safe tools in promoting economic growth and competitiveness.


2022 ◽  
Vol 10 (1) ◽  
Author(s):  
Clara Portela ◽  
Thijs Van Laer

Since the 1990s, sanctions senders like the European Union, the United States, and the United Nations have been imposing visa bans and asset freezes on individuals as a key element of their sanctions packages. Notwithstanding the growing centrality that individual sanctions have acquired in international sanctions practice, little is known about the impact of sanctions listings on designees. Some researchers have scrutinised targeting choices, while others have explored the effects of sanctions on designees. However, no study has yet examined the fit between targeting choices and impacts on designees. First, we interrogate the theory of targeted sanctions to identify the expectations that it generates. Second, we examine the effects on designees and contrast them with the targeting logic of the sender, in a bid to ascertain their fit. Our analysis of the cases of Côte d’Ivoire (2010–2011) and Zimbabwe (2002–2017) benefits from original interview material.


2019 ◽  
pp. 1-20
Author(s):  
David Scott FitzGerald

Most refugees do not have a legal way of reaching safety in the rich democracies of the Global North. There is no legal line where they can register and wait as their number advances. Obtaining a resettlement slot is like winning the lottery. The only realistic way to reach the Global North is to reach its territory and then ask for asylum. Rich democracies typically abide by the principle of non-refoulement but deliberately and systematically shut down most legal paths to safety. An architecture of repulsion based on cages, domes, buffers, moats, and barbicans keeps out asylum seekers and other migrants. Australia, Canada, the United States, and the European Union have converging policies of remote control to keep asylum seekers away from their territories. The catch-22 for refugees is that rich democracies are essentially telling them, “We will not kick you out if you come here. But we will not let you come here.”


Author(s):  
Michael Smith ◽  
Rebecca Steffenson

This chapter examines the evolution of the European Union's relations with the United States. More specifically, it looks at the ways in which EU–US relations enter into the international relations of the EU as well as the implications for key areas of the EU's growing international activity. The chapter begins with an overview of the changing shape and focus of the EU–US relationship as it enters into economic, political, and security questions. It then considers the impact of EU–US relations on the EU's system of international relations, on the EU's role in the processes of international relations, and on the EU's position as a ‘power’ in international relations. It shows that the EU–US relationship has played a key (and contradictory) role in development of the EU's foreign policy mechanisms.


2016 ◽  
Vol 41 (3-4) ◽  
pp. 368-395 ◽  
Author(s):  
Žygimantas Juška

Contingency-fee agreements are one—if not the only—tool that can be used to ensure that small-stakes collective antitrust actions are heard, yet they are subject to strong resistance from the European Union. There is a concern that contingency fees could lead to abuses of the system or conflicts of interest, as has been seen in the United States. Contrary to eu policy, two proactive member states—Lithuania and Poland—have introduced the possibility of using contingency fees in group litigation in order to facilitate group actions. Despite having a lot of potential, this paper will demonstrate that the introduction alone of contingency fees will not facilitate the compensation objective that is embedded in the Directive on damages actions. In addition, it will show that the safeguard policy against frivolous litigation is sufficient to limit the possibilities for litigation abuses, but it is ineffective for monitoring the individual behavior of group representatives.


2020 ◽  
Vol 1 (2) ◽  
pp. 7-14
Author(s):  
Donald L. Buresh

This paper evaluates the effect of the Estonian cyber incident on Estonia, Russia, the United States, the European Union, and the North Atlantic Treaty Organization, also known as NATO. The paper employs the Valeriano and Maness criteria for evaluating a cyber incident critically. The article asks how did the Estonian cyber incident come to pass, what were the foreign policy and international relationship effects, what was the impact on Estonia, and how did Estonia react to the attack. The essay concludes that the Estonian cyber incident was a catalyst, prompting the nations listed herein to address the effects of cyber-attacks, and then search for acceptable solutions.


Author(s):  
Ilmir Nusratullin ◽  
Raul Yarullin ◽  
Tagira Ismagilova ◽  
Olga Eremeeva ◽  
Tatiana Ermoshina

As part of this study, the goal is set to assess the impact of sanctions imposed by the United States and the European Union on the economy and financial sector of Russia, to identify the effectiveness of the initial goals of these countries. To achieve the goal, the legal acts concerning the imposed sanctions of the USA and the European Union against Russia were first analyzed, a chronology of events was described, and sanctions were classified. Further, based on the data of the World Bank and the Federal State Statistics Service of the Russian Federation, the results of the sanction pressure on the Russian economy and financial sector were estimated. Then the results of this study were compared with the results obtained by other scholars. The paper concluded that the sanctions of the United States and the European Union did have an impact on the economy and financial sector of Russia, but this influence was not as significant as the leaders of these countries expected. In addition, the impact of the sanctions is gradually decreasing despite the introduction of new sanctions on various pretexts.


2008 ◽  
Vol 41 (3) ◽  
pp. 522-544
Author(s):  
Arthur Chaskalson

The policies of the U.S.—developed in response to the threat of terroism have been criticized. This is of importance, not only because of the harm it does to the United States own reputation, but because of the influence such measures have on other countries with less commitment to the protection of human rights than the United States has historically had. It is, however, a crucial issue because of the impact that such policies can have on the political will of the international community to respect and promote half a century of endeavor to build an international human rights culture, and on attitudes and behavior in countries affected by such measures. The exception becomes the rule; the temporary becomes permanent; and fairness and due process cease to have the meaning they once had. This Article's remarks are directed to the right to a fair hearing which must be seen, however, in a broader context as a concern about a discourse which, whilst retaining the label, seeks to change the content of established principles of human rights.


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