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»Creative legal thinking» and the evolution of international refugee law

Lakimies 1/2014 s. 99–103
20.2.2014
Lyhyempi kirjoitus

Since the 1980s, states have been engaged in »creative legal thinking», carving out exceptions in order to block refugees from accessing ordinary asylum procedures, or designing migration controls in order to circumvent, avoid or shift legal responsibility. There are different evolutions in these non-arrival, or non-entrée, policies. First, although the involvement of private actors in migration control through carrier sanctions is an old phenomenon, the use of private contractors both in border control and other migration functions, such as detention or forced removals, has expanded heavily. Secondly, most recent efforts have been to move migration control extrater­ritorially, either on the high seas or through measures involving access to third-country territory and territorial waters. The question that occupies any lawyer working on these issues is: How does international refugee law respond to this variable and evolving set of practices?

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