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Extraterritorial Immigration Control: What Role For Legal Guarantees?

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Chapter Summary

This chapter provides an overview, from a legal perspective, of extraterritorial practices within contemporary immigration control. The chapter's starting-point is Guiraudon's observation that extraterritorialisation strategies aim at &t;short-circuiting judicial constraints on migration control.&t; The chapter shows that the development of extraterritorial immigration control techniques typically reflects a mixture of non-legal and legal factors. Non-legal factors include passenger convenience, the prevention of irregular migration, security, and the terms of the relationship with specific other states. The legal element consists in the avoidance of international law and domestic law guarantees, including both substantive rights and procedural avenues for legal challenge. By way of conclusion, the chapter reflect a on the normative basis for the restoration of legal guarantees in a context of continued extraterritorial immigration control. In addition, this chapter shows how strategies of extraterritorial control enable destination states to free themselves from legal guarantees otherwise available to migrants.

Keywords: extraterritorial practices; immigration control; international law; legal guarantees; Non-legal factors



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