This book explores the human right to leave any country - including one's own - in international law, and its applicability to externalised migration control.
It develops a framework for interpreting the right and demonstrates how various externalisation measures violate it, leading to the international responsibility of states and international organisations.
Analysing the work of international and regional systems enshrining the right and examining global externalisation practices, it demonstrates the radical reform required by states and international organisations to comply with the right to leave. Implementing the author's recommendations would compel the dismantlement of many current externalisation strategies and a re-imagining of the global (im)mobility regime.
This book offers compelling insights for lawyers in the fields of international law, human rights and refugee law, as well as migration policymakers, practitioners, and officials.
An innovative study providing a framework for interpreting the right to leave in international law and its application to externalised migration control measures.
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An innovative study providing a framework for interpreting the right to leave in international law and its application to externalised migration control measures.
Foreword, Guy S Goodwin-Gill (University of Oxford, UK)
1. Introduction
Part 1: A General Framework for the Right to Leave
2. The Right to Leave Any Country in International Law
3. The States Right to Control Entry and Obligations to Admit: The
Relationship between Entry and Exit
4. The Right to Leave for Asylum Seekers and Refugees
Part 2: Externalised Migration Controls
5. Visa Regimes and Carrier Sanctions
6. Pushbacks and Pullbacks at Sea and on Land
7. Conclusion
Emilie McDonnell's experience in human rights and refugee issues includes roles at the Australian Human Rights Commission, Human Rights Watch and the Tasmanian Refugee Legal Service. She is an Adjunct Senior Researcher within the School of Law at the University of Tasmania, Australia.
