A Topographical Approach to Accountability for Human Rights Violations in Migration Control

Forthcoming in German Law Journal 21:3, 2020

iCourts Working Paper Series, no. 192, 2020

University of Copenhagen Faculty of Law Research Paper No. 2020-96

31 Pages Posted: 3 May 2020 Last revised: 24 Jun 2020

See all articles by Thomas Gammeltoft-Hansen

Thomas Gammeltoft-Hansen

University of Copenhagen - MOBILE - Center of Excellence for Global Mobility Law

Nikolas Feith Tan

Danish Institute for Human Rights

Date Written: April 7, 2020

Abstract

This Article charts a “topographical” approach to accountability in migration control, whereby the site of a violation is perceived from a bird’s-eye view and accountability pursued through diverse legal regimes and via a broadened geographic lens. Drawing on scholarship on legal geography, legal black holes, and strategic litigation, we argue that accountability structures may usefully be approached topographically. Rather than advocating for accountability in regard to particular regimes or jurisdictions, the topographical approach offers a general framework for mapping and exploring the full grid of potential accountability mechanisms.

Keywords: Asylum, Accountability, Migration Control, Strategic Litigation

Suggested Citation

Gammeltoft-Hansen, Thomas and Tan, Nikolas Feith, A Topographical Approach to Accountability for Human Rights Violations in Migration Control (April 7, 2020). Forthcoming in German Law Journal 21:3, 2020, iCourts Working Paper Series, no. 192, 2020, University of Copenhagen Faculty of Law Research Paper No. 2020-96, Available at SSRN: https://ssrn.com/abstract=3570455 or http://dx.doi.org/10.2139/ssrn.3570455

Thomas Gammeltoft-Hansen (Contact Author)

University of Copenhagen - MOBILE - Center of Excellence for Global Mobility Law ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark

HOME PAGE: http://mobilitylaw.ku.dk

Nikolas Feith Tan

Danish Institute for Human Rights

Wilders Plads 8K
Copenhagen K, 1403
Denmark

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