Nowhere countries : exclusion of non-citizens from rights through extra-territoriality at home

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Nowhere countries : exclusion of non-citizens from rights through extra-territoriality at home

by Pauline Maillet

Brill Nijhoff, c2020

  • : hardback

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注記

Includes bibliographical references (p. [271]-295) and index

内容説明・目次

内容説明

In Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home, Pauline Maillet proposes to render visible the mechanisms by which states make their territory disappear to prevent asylum seekers' arrival. Using legal analysis and ethnography, this book traces how several states have created spaces deemed extra-territorial.

目次

Acknowledgments List of Illustrations List of Abbreviations Introduction Part 1 The Creation and Expansion of Nowhere Countries through the Law or Lack Thereof 1 The Establishment of the International Zone at French Airports as an Abject, Extra-Territorial Space 1 Refugee Policies in Council of Europe Member States in the 1980s and 1990s 2 France in the 1980s: the Rise of Xenophobia and Restrictive Migration Laws in the Midst of Economic Difficulties 3 Long-Term Confinement in the International Zone in Inhumane Conditions 4 Detention in the International Zone in a Legal Limbo Premised on Extra-Territoriality 5 The Coalescence of Activism inside and outside of the International Zone 6 Legal Activism: the Use of the "Legal Fiction" Argument to Challenge the Extra-Territoriality Thesis 7 Factors that Contributed to the Establishment of the International Zone as an Abject Space 2 The Birth of French Waiting Zones or the Manufacturing of an Illiberal Law through Regular Democratic Mechanisms 1 Context of the Marchand Amendment 2 The Marchand Amendment: a Less Protective Provision Premised on Extra-Territoriality 3 Persisting Ambiguity Regarding the Status of the Transit Zone 4 The Government's Justification for the Amendment: Emphasis on Progress, Security and the Upcoming Litigation's Danger 5 The Role of the Constitutional Council in the Manufacturing of an Illiberal Law 6 The Law on the Waiting Zone from 1992 to 2016: Successive Extensions of the Definition of the Waiting Zone Following Litigation "Crises" 3 Non-Citizens in French Airports' Waiting Zones Today: the Endurance of Exclusion through Extra-Territoriality 1 The Case of Amuur v. France (1996): Airports' International Zones Are not Extra- Territorial Spaces 2 When History Repeats Itself: Evidence of the Endurance of the Initial Phase of Extra- Territoriality 3 The Waiting Zone: the Heir of the International Zone 4 The French Law on the Waiting Zone: the Reinvention of Exclusion through Extra-Territoriality 1 The Law on the Waiting Zone: an Exclusionary Framework Forced upon the Most Vulnerable 1.1 Asylum Seekers 1.2 Accompanied Children in the Waiting Zones 1.3 Unaccompanied Children in the Waiting Zones 2 Ad Hoc Waiting Zones or the Possibility for Border Authorities to Create Zones of Lesser Rights Anywhere 3 The Exportation of the Law on the Waiting Zone to Morocco 5 Excision or the Australian Government's Attempt to Subvert the Refugee Convention through Extra-Territoriality 1 The Tampa Incident 2 Political Context of the Tampa Incident 3 The 2001 Acts or The Legal Foundation of the Excision Policy 4 Why Australia's Excision Policy Was Built on Wrong Assumptions 5 "Why Are We Getting Kicked Out from the Rest of Australia?" Australian Citizens' Perspective on Excision 6 Entering an Excised Space Equals Entering a Legal Space of Lesser Rights 7 Excision or the Pinnacle of Australia's Long-Standing Policy of Preference for Resettlement over Asylum 8 Contamination of the Regular Refugee Protection Regime by the Excision Regime 9 Extension of the Space of Exclusion 9.1 Extension of the Space of Exclusion to the Non-Citizen's Self and Descendants 9.2 Extension of the Space of Exclusion to the Entire Mainland Part 1 Findings: Extra-Territorial Exclusion Comes in Two Forms that May Be Combined - the Case of Canada Part 2 Inside Nowhere Countries: Enforcement Practices and Mental Landscapes 6 Airport Terminals: the Border Police's Realms. The Less Visible Part of cdg's Waiting Zone 1 Path Followed by Passengers Prior to and upon Placement under the Waiting Zone Regime 2 Hassan's Understanding of His Location 3 Isolation 4 Arbitrariness and Asymmetrical Power Relations 5 Psychological and Physical Violence 6 Authorities' Perception of Detainees 7 zapi 3: a Place of Deprivation of Liberty Where Access to Rights Remains Challenging 1 Background Information on zapi 3 2 Euphemistic Discourses: zapi 3 as a "Hotel" 3 A Place of Deprivation of Liberty Where Tension Transpires 4 Limited Visibility and Police Omnipresence 5 Barriers to Accessing Remedies in Case of Mistreatment 6 Barriers to Accessing Legal Aid Part 2 Findings: Nowhere Countries Are Vanishing Points Where Border Control Takes Precedence over Rights Part 3 Nowhere Countries or One Non-Entree Mechanism amongst Many 8 The Symbiotic Relations between Carrier Sanctions and the Waiting Zone 1 A Brief History of Carrier Sanctions at the International and National Level 2 Carriers' Responsibility (Part 1): Accommodation and Return 3 Carriers' Responsibility (Part 2): Fines 4 The Impact of Fines on Companies' Budgets 5 France within the Landscape of Carrier Sanctions: One Country among Many 6 Governmental Actors' Perspective on Fines and Asylum Seeking 7 "We Are Not Border Police Auxiliaries!" Trade Unionists' Resistance to the Carrier Responsibility Framework 9 The Waiting Zone: the Last Gate to Keep Asylum Seekers Away 1 Interpretation and Communication Issues 2 Unsatisfactory Access to Legal Recourses against Refusal to Enter Territory on Asylum Grounds 3 Administrative Court Hearings: When the Judge Embraces the State's Perspective 4 Refoulement of Asylum Claimants to Countries Where Their Lives or Freedom Are at Risk Conclusions 1 How to Render Nowhere Countries Visible? 2 Why Do States Create Nowhere Countries? 3 How to Conceptualize the Exclusion upon Which Nowhere Countries Are Established? 4 Nowhere Countries' Purpose: Prevent Asylum Seekers' Arrival 5 Creating and Operating Nowhere Countries Is Costly from an Economic and Human Standpoint 6 Nowhere Countries are Social Constructs that May be Unmade Appendices Appendix 1 Table of Research Participants: Experts Appendix 2 Table of Research Participants: Individuals Placed under the Waiting Zone Regime Appendix 3 Migration Amendment (Excision from Migration Zone) Act 2001 (Australia) No. 127, 2001 Appendix 4 Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Australia) No. 128, 2001 Appendix 5 Border Protection (Validation and Enforcement Powers) Act 2001 (Australia) Appendix 6 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 Appendix 7 ceseda (September 2016) (France) References Index

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