Wildy Logo
(020) 7242 5778
enquiries@wildy.com

Book of the Month

Cover of Company Directors: Duties, Liabilities and Remedies

Company Directors: Duties, Liabilities and Remedies

Edited by: Mark Arnold KC, Simon Mortimore KC
Price: £275.00

Lord Denning: Life, Law and Legacy



  


Welcome to Wildys

Watch


NEW EDITION Pre-order Mortgage Receivership: Law and Practice



 Stephanie Tozer, Cecily Crampin, Tricia Hemans
Practical guidance to relevant law & procedure


Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Migration Law and the Externalization of Border Controls: European State Responsibility


ISBN13: 9781138343481
Published: March 2019
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £48.99



Despatched in 4 to 6 days.

Also available as

Over the last few decades, both the European Union and European States have been implementing various strategies to externalize border controls with the declared intent of saving human lives and countering smuggling but with the actual end result of shifting borders, circumventing international obligations and ultimately preventing access to Europe. What has been principally deplored is the fact that externalizing border controls risks creating "legal black holes". Furthermore, what is particularly worrying in the current European debate is the intensification of this practice by multiple arrangements with unsafe third countries, exposing migrants and asylum seekers to serious human rights violations.

This book explores whether European States can succeed in shifting their responsibility onto Third States in cases of human rights violations. Focusing in particular on the 2017 Italy-Libya Memorandum of Understanding, the book investigates the possible basis for triggering the responsibility of outsourcing States. The second part of the book examines how the Italy-Libya MoU is only a small part of a broader scenario, exploring EU policies of externalization. A brief overview of the recent decisions of the EU Court vis-à-vis two aspects of externalization (the EU-Turkey statement and the issue of humanitarian visas) will pave the way for the conclusions since, in the author's view, the current attitude of the Luxembourg Court confirms the importance of focusing on the responsibility of European States and the urgent need to investigate the possibility of bringing a claim against the outsourcing States before the Court of Strasbourg.

Offering a new perspective on an extremely topical subject, this book will appeal to students, scholars and practitioners with an interest in European Law, International Law, Migration and Human Rights.

Subjects:
EU Law, Immigration, Asylum, Refugee and Nationality Law
Contents:
Preface
Introduction

Part I: A case study: The 2017 Italy-Libya Memorandum of Understanding
1. The Italy-Libya Memorandum of Understanding of 2 February 2017
2. Violations of human rights in Libya
3. Italy's responsibility for complicity
3.1 Art.
16 of the ILC Draft Articles on the Responsibility of States
3.1.1The mental element
3.1.2 The requirement of opposability.
3.2 Italy's responsibility for complicity
4. Italy's responsibility for violation of positive obligations inherent in article 3 ECHR
4.1 Overlap between complicity and positive obligations
4.2 Italy's responsibility for violation of positive obligations
4.2.1 Jurisdiction under ECHR
4.2.2 ECHR case law on positive obligations and jurisdiction
5. Closing remarks

Part II: The 2017 Italy-Libya Memorandum of UNderstanding as a small pART of a broader scenario
1. The Externalization of EU Migration Policies
1.1 The external Dimension of EU Migration and Asylum Policy in the GAMM and in the Agenda on Migration.
1.2 The EU-Turkey statement of 18 March 2016.
1.2.1 Criticism concerning human rights and refugee law
1.2.2 Criticism concerning European Constitutional law.
1.3 From the Communication of 7 June 2016 establishing a New Partnership Framework with third countries to the European Councils of 28 June and 18 October 2018
2. The attitude of the Luxembourg Court vis-à-vis externalization
2.1 Case- law concerning the EU-Turkey Statement
2.2The Humanitarian Visa Judgment of 7 March 2017
3. Closing remarks

Conclusions
Bibliography
Index

Series: Routledge Research in EU Law

The European Union as a Normative Power: The Role of the CJEU ISBN 9781032441108
To be published April 2024
Routledge
£130.00
Delegation of Powers in the EU Legal System ISBN 9781032004044
Published January 2024
Routledge
£38.99
Delegation of Powers in the EU Legal System (eBook) ISBN 9781000563467
Published January 2024
Routledge
£35.09
(ePub)
Buy
£35.09
(ePub)
Buy
Delegation of Powers in the EU Legal System ISBN 9780367710927
Published March 2022
Routledge
£130.00
Constitutional Law and the EU Balanced Budget Principle (eBook) ISBN 9781351723510
Published November 2021
Routledge
£40.49
(ePub)
Buy
Constitutional Law and the EU Balanced Budget Principle ISBN 9781138742871
Published November 2021
Routledge
£140.00
£130.00
The EU Social Market Economy: Theoretical Perspectives and Practical Challenges
Edited by: Delia Ferri
ISBN 9781138478480
Published July 2018
Routledge
£130.00
EU Energy Relations With Russia ISBN 9781138041752
Published March 2018
Routledge
£120.00
Managing the Euro Crisis: National EU Policy Coordination in the Debtor Countries
Edited by: Sabrina Ragone
ISBN 9781138123793
Published November 2017
Routledge
£120.00
Out of print
£38.99
The Right to Family Life in the European Union ISBN 9781138186279
Published January 2017
Routledge
£120.00
The Right to Family Life in the European Union (eBook) ISBN 9781317287582
Published January 2017
Routledge
£38.69
(ePub)
Buy
£42.99
(ePub)
Buy
£130.00
£42.99
(ePub)
Buy
Global Data Protection in the Field of Law Enforcement ISBN 9781138655386
Published June 2016
Routledge
£125.00
£125.00
European Perspectives on Environmental Law and Governance ISBN 9781138809680
Published June 2014
Routledge
£46.99
European Perspectives on Environmental Law and Governance ISBN 9780415500067
Published October 2012
Routledge
£125.00
The Evolving EU Counter-terrorism Legal Framework (eBook) ISBN 9781136493836
Published December 2011
Routledge
£38.99
(ePub)
Buy
The Evolving EU Counter-terrorism Legal Framework ISBN 9780415557580
Published December 2011
Routledge
£125.00
£75.00
(ePub)
Buy
Turkey’s Accession to the European Union: The Politics of Exclusion? ISBN 9780415577854
Published September 2010
Routledge
£36.99
£80.00
(ePub)
Buy
New Governance and the European Strategy for Employment ISBN 9780415467797
Published March 2010
Routledge
£130.00
Centralised Enforcement, Legitimacy and Good Governance in the EU ISBN 9780415467841
Published August 2009
Routledge
£125.00