The Rise of Consensual Containment: From ‘Contactless Control’ to ‘Contactless Responsibility’ for Forced Migration Flows

S. Juss (ed.), Research Handbook on International Refugee Law (Edward Elgar, Forthcoming)

26 Pages Posted: 31 Jul 2017

Date Written: March 31, 2017

Abstract

This chapter centres on the rise and reinforcement of the 'containment paradigm' of refugee flows in developed countries, particularly in Europe. It traces the emergence of new forms of trans-national cooperation with neighbouring States, especially Libya and Turkey, for the 'management' (if not deterrence) of unwanted fluxes of forced migrants (typically impeding access to asylum), taking the form of training, financing, and other capacity-building activities. The key argument put forward is that, despite the absence of direct contact with the persons concerned by EU Member States, the ILC Articles on State Responsibility contemplate instances of contribution to wrongful conduct that may nonetheless trigger their international responsibility. The provisions on complicity, direction and control, and independent responsibility are explored in detail, taking account of the specific role that 'knowledge' plays in that regard, following developments in the case law on the ECHR. The ultimate goal is to demonstrate the continued relevance of international protection obligations and the persistence of responsibility in relation to this new generation of 'contactless', yet effective, means of control.

Keywords: Contactless control, EU migration management, EU-Libya MoU, EU-Turkey deal, Articles on State Responsibility, Consensual Containment, Deterrence Paradigm

JEL Classification: K37, K33, K42

Suggested Citation

Moreno-Lax, Violeta and Giuffré, Mariagiulia, The Rise of Consensual Containment: From ‘Contactless Control’ to ‘Contactless Responsibility’ for Forced Migration Flows (March 31, 2017). S. Juss (ed.), Research Handbook on International Refugee Law (Edward Elgar, Forthcoming). Available at SSRN: https://ssrn.com/abstract=3009331 or http://dx.doi.org/10.2139/ssrn.3009331

Violeta Moreno-Lax (Contact Author)

Queen Mary Law School ( email )

Mile End Rd
Mile End Road
London, London E1 4NS
United Kingdom

HOME PAGE: http://www.law.qmul.ac.uk/staff/morenolax.html

Mariagiulia Giuffré

Edge Hill University ( email )

St. Helens Road
Ormskirk, Lancashire, L39 4QP
United Kingdom

HOME PAGE: http://www.edgehill.ac.uk/law/about/staff/mariagiulia-giuffre/

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