Skip to main content
×
Home
    • Aa
    • Aa

Non-Refoulement and Extraterritorial Jurisdiction: State Sovereignty and Migration Controls at Sea in the European Context

Abstract
Abstract

The principle of non-refoulement found in the UN Convention on the Status of Refugees has been widely regarded as the core element of the international refugee protection regime. However, in the recent era of restrictive external migration controls, its significance and ambit diminished to the extent that states began to regard it as a general moral principle that imposed only narrowly defined legal constraints. In particular, interception or interdiction of refugees on the high seas came to be regarded as activities falling outside the legal ambit of the non-refoulement obligation. However, in Europe, this has begun to change. The non-refoulement obligation found in Article 3 of the European Convention on Human Rights (ECHR) has been recognized as a legal constraint on state sovereignty in relation to migration controls on the high seas. This article scrutinizes how the developing concept of jurisdiction in human rights law, particularly as found in the ECHR, has expanded the scope of application of the principle of non-refoulement, and presents some important implications. The concept of state sovereignty has begun to undergo a paradigm shift that places extraterritorial human rights concerns relating to external migration controls squarely within a legal rather than merely a moral framework.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      Non-Refoulement and Extraterritorial Jurisdiction: State Sovereignty and Migration Controls at Sea in the European Context
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your Dropbox account. Find out more about sending content to Dropbox.

      Non-Refoulement and Extraterritorial Jurisdiction: State Sovereignty and Migration Controls at Sea in the European Context
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your Google Drive account. Find out more about sending content to Google Drive.

      Non-Refoulement and Extraterritorial Jurisdiction: State Sovereignty and Migration Controls at Sea in the European Context
      Available formats
      ×
Copyright
Linked references
Hide All

This list contains references from the content that can be linked to their source. For a full set of references and notes please see the PDF or HTML where available.

C. Mallory , ‘I. European Court of Human Rights Al-Skeini and Others v United Kingdom (Application no 55721/07) Judgment of 7 July 2011’, (2012) 61 International and Comparative Law Quarterly 301, at 309

M. Giuffré , ‘Watered-Down Rights on the High Seas: Hirsi Jamma and Others v Italy’, (2012) 61 International and Comparative Law Quarterly 728, at 732

M. Milanovic , ‘Al-Skeini and Al-Jedda in Strasbourg’, (2012) 23 EJIL 121, at 122 (emphasis in original)

S. Miller , ‘Revisiting Extraterritorial Jurisdiction: A Territorial Justification for Extraterritorial Jurisdiction under the European Convention’, (2009) 20 EJIL 1223, at 1225

M. Giuffré , ‘State Responsibility Beyond Borders: What Legal Basis for Italy's Push-backs to Libya?’, (2012) 24 International Journal of Refugee Law 692, at 693

G. S. Goodwin-Gill , ‘The Right to Seek Asylum: Interception at Sea and the Principle of Non-Refoulement’, (2011) 23 IJRL 443, at 456

S. H. Legomsky , ‘USA and the Caribbean Interdiction Program’, (2006) 18 IJRL 677, at 678–79

R.P.P Barnidge , ‘The Due Diligence Principle Under International Law’, (2006) 8 Int'l Community Law Rev 81

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

Leiden Journal of International Law
  • ISSN: 0922-1565
  • EISSN: 1478-9698
  • URL: /core/journals/leiden-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Keywords:

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 57
Total number of PDF views: 1385 *
Loading metrics...

Abstract views

Total abstract views: 933 *
Loading metrics...

* Views captured on Cambridge Core between 13th December 2016 - 23rd June 2017. This data will be updated every 24 hours.