The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

Some Reflections on the Un Global Compact for Safe, Orderly and Regular Migration and Human Rights

“…the prohibition of the detention of minors and the reference to regularization procedures) or cut back (e.g. family reunification), while other rights, absent in the initial draft, continue to be ignored in the final draft too, including the right to leave any country, which is certainly particularly at risk due to the current practices of externalization 64 ). In addition, as pointed out, in some cases respect for human rights is subject to the States' political will and conditions of vulnerability are tolerated 65 ).…”

Border Deaths

“…For the time being, international law stands in the way of European authorities acting within the territory and territorial waters of North African states. Therefore, we now see what Markard (2016) has termed pullbacks: the Italian Maritime Rescue Coordination Centre notifies the Libyan Coast Guard, which rescues people and brings them back to Libya (Cuttitta 2018c and2018d). In this manner, pullbacks are remote control pushbacks.…”

Fast Refugee Protection: Temporality and Migration Control

“…The critical scholarship produced by political scientists, sociologists and human and political geographer have provided insightful analyses of spatial technologies of migration regulation. Thanks to this scholarship, we know much about how states deploy space, such as borders (Pratt 2005, 2010; Pratt and Thompson, 2008; Salter and Piché, 2011; van der Woude and van der Leun, 2017; Walters, 2006; Zaiotti 2011), detention centres (Loyd and Mountz, 2018; Nethery and Silverman, 2015; Wilsher, 2012), islands (Lemaire, 2014; Loyd and Mountz, 2014; Mountz, 2011, 2015), international waters (Brouwer and Kumain, 2003; Kim, 2017; Markard, 2016; Sönmez, 2016), airports (Alpes, 2015; Sanchez et al, 2016; Sulmona et al, 2014) and even the space onboard ships (Ellebrecht, 2020; Klein, 2014; Koka and Veshi, 2019), aircraft (Walters, 2015), and buses (Teunissen, 2020) for the purposes of restrictive migration control. We know, for instance, that states routinely take advantage of the ambiguous legal standing of certain spaces, or otherwise manipulate the standing of others, to produce zones of exception (Agamben, 2005) beyond the ordinary bounds of rights.…”