T P Spijkerboer
Dados Biográficos
| ID | 3476609 |
|---|---|
| NOME | T P Spijkerboer |
| PRENOMES | T P |
| SOBRENOME | Spijkerboer |
| ASSINATURA | SPIJKERBOER T P |
| AFILIAÇÕES | Vrije Universiteit Amsterdam |
| ORCID | 0000-0002-4682-174X |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 16 |
| TOTAL DE CITAÇÕES | 75 |
| TOTAL COMO AUTOR | 16 |
| TOTAL COMO EDITOR | 0 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 2007 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2023 |
| ÍNDICE H | 5 |
Coloniality and case law on the Australian asylum offshoring scheme
This article presents an analysis of case law from Nauru, Australia and Papua New Guinea concerning the Australian offshoring scheme for asylum seekers. Its specific focus is to enquire to what extent and how colonial conceptual and ideological patterns of thought play a role in the reasoning of the courts involved. The analysis shows the Australian averseness to have its external action in former colonies subjected to international (human rights…
Coloniality and case law on the Australian asylum offshoring scheme
Migration management clientelism
In response to the 2015 migration ‘crisis’, the European Union intensified the externalisation of its migration policies, in particular through the EU Trust Funds for Syria and Africa, and the Facility for Refugees in Turkey. The legal construction of these financial measures is such that in many projects, normal implementation and public procurement procedures are not applied. This creates opportunities for clientelism. A limited number of actor…
The geopolitics of knowledge production in international migration law
This chapter addresses the involvement of academic research on international migration law in the political project of the global North to impose its view concerning international migration law on the global South. The purportedly well-established principle of international law that states have the right exclude foreigners has its origins in the US Supreme Court’s Chinese Exclusion case law. The doctrine holding that the right of exclusion is inh…
Migration Emergencies in the European Postcolony
The following interview forms part of a double issue on Migrant States of Exception that is grounded in academic disciplines such as American studies, anthropology, film studies, sociology, philosophy and postcolonial studies as well as in the artistic practice of documentary film-making. It focuses on the legal concept of emergency in current European migration law. In its interest in colonial legacies, this conversation overlaps with some of th…
Race and the regulation of international migration. The ongoing impact of colonialism in the case law of The European Court of Human Rights
In the case law of the European Court of Human Rights (ECtHR) the right of States to control migration is firmly established despite strong indications that the effects of migration control are not racially neutral. In this article we attempt to understand how it is possible that the doctrine of sovereign migration control is not considered to breach the prohibition of racial discrimination. We argue that the ECtHR’s approach to migration and rac…
Introduction to the Symposium on Covid-19, Global Mobility and International Law
As a result of the COVID-19 pandemic, international mobility all but ground to a halt by the second quarter of 2020.1 Airline traffic dropped more than 70 percent, and thousands of grounded airplanes filled up the runways. All over the world, travel restrictions and quarantine measures are still in place at the time of this writing, and cross- border mobility remains largely shut down for all but the most essential forms of travel. Although some …
Gender and Refugee Status
This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Eu…
Gender, Sexuality, Asylum and European Human Rights
Asylum law functions through a dichotomy between an idealized notion of Europe as a site characterized by human rights, and non-European countries as sites of oppression. In most social sciences and humanities literature, this dichotomy is seen as legitimizing European dominance and exclusion of non-Europeans. However, it is the same dichotomy which is used by asylum seekers to claim inclusion through the grant of asylum. Focusing on the inclusiv…
Bifurcation of people, bifurcation of law
In the past 25 years, European migration policy has been externalized, resulting in a bifurcation of human movement. This has become clearly visible in the context of Syrian refugees. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. This article seeks to analyse these judgments in the context of the broader developments in European migration law and policy. The core anal…
Deaths at the borders database
Irregular migrants and asylum seekers have died and continue to die attempting to cross the external borders of the EU without authorisation, seeking to enter the territories of its Member States. Yet, remarkably little is known about these ‘border deaths’. In 2015, the Human Costs of Border Control project published the Deaths at the Borders Database for the Southern EU, an open-source ‘evidence base’ of individualised information about people w…
Nicola Perugini and Neve Gordon, The Human Right to Dominate
This book’s intriguing title sums up a critical, compelling and innovative analysis of human rights. Starting from a detailed analysis of human rights in the Israeli–Palestinian conflict, it formulates general theoretical claims about the way human rights work. The insights which anthropologist Nicola Perugini and political scientist Neve Gordon have to offer are important and fundamental, but would benefit from being elaborated upon and refined …
Moving Migrants, States, and Rights Human Rights and Border Deaths
This article begins to undertake a human rights analysis of the increasing number of migrants who die annually while trying to cross the borders of Europe in an irregular manner. Over the past 20 years, border policies increasingly focus on (pro-active, extraterritorial, privatized, and securitized) border management instead of on classical (reactive, territorial, and public) border control. On the basis of existing data, it seems plausible to as…
Cosmopolitanism in Context
Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the effects of such bureaucratisation of cosmopolitan ideals? This volume examines the strained relationship between cosmopolitanism as a moral standard and the…
Subsidiarity and 'Arguability'
The European Court of Human Rights’ case law on judicial review in asylum cases is not entirely consistent. However, it can be interpreted as consistent if two presumptions are accepted. First, that, as the Court's role should be subsidiary to that of domestic courts, domestic judicial review should at least be of the same quality and substance as the European Court of Human Rights’ review. Secondly, that the Court distinguishes between arguable …
The Human Costs of Border Control
This article outlines the relationship between irregular immigration, increased border control, and the number of casualties at Europe's maritime borders. The conclusion is that the number of fatalities is increasing as a result of increased border control. The author argues that States have a positive obligation under international law to address this issue, and formulates concrete proposals to monitor the number of border deaths. © 2007 Martinu…
Migration management clientelism
In response to the 2015 migration ‘crisis’, the European Union intensified the externalisation of its migration policies, in particular through the EU Trust Funds for Syria and Africa, and the Facility for Refugees in Turkey. The legal construction of these financial measures is such that in many projects, normal implementation and public procurement procedures are not applied. This creates opportunities for clientelism. A limited number of actor…
Deaths at the borders database
Irregular migrants and asylum seekers have died and continue to die attempting to cross the external borders of the EU without authorisation, seeking to enter the territories of its Member States. Yet, remarkably little is known about these ‘border deaths’. In 2015, the Human Costs of Border Control project published the Deaths at the Borders Database for the Southern EU, an open-source ‘evidence base’ of individualised information about people w…
Bifurcation of people, bifurcation of law
In the past 25 years, European migration policy has been externalized, resulting in a bifurcation of human movement. This has become clearly visible in the context of Syrian refugees. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. This article seeks to analyse these judgments in the context of the broader developments in European migration law and policy. The core anal…
Race and the regulation of international migration. The ongoing impact of colonialism in the case law of The European Court of Human Rights
In the case law of the European Court of Human Rights (ECtHR) the right of States to control migration is firmly established despite strong indications that the effects of migration control are not racially neutral. In this article we attempt to understand how it is possible that the doctrine of sovereign migration control is not considered to breach the prohibition of racial discrimination. We argue that the ECtHR’s approach to migration and rac…
Gender, Sexuality, Asylum and European Human Rights
Asylum law functions through a dichotomy between an idealized notion of Europe as a site characterized by human rights, and non-European countries as sites of oppression. In most social sciences and humanities literature, this dichotomy is seen as legitimizing European dominance and exclusion of non-Europeans. However, it is the same dichotomy which is used by asylum seekers to claim inclusion through the grant of asylum. Focusing on the inclusiv…
Moving Migrants, States, and Rights Human Rights and Border Deaths
This article begins to undertake a human rights analysis of the increasing number of migrants who die annually while trying to cross the borders of Europe in an irregular manner. Over the past 20 years, border policies increasingly focus on (pro-active, extraterritorial, privatized, and securitized) border management instead of on classical (reactive, territorial, and public) border control. On the basis of existing data, it seems plausible to as…
Introduction to the Symposium on Covid-19, Global Mobility and International Law
As a result of the COVID-19 pandemic, international mobility all but ground to a halt by the second quarter of 2020.1 Airline traffic dropped more than 70 percent, and thousands of grounded airplanes filled up the runways. All over the world, travel restrictions and quarantine measures are still in place at the time of this writing, and cross- border mobility remains largely shut down for all but the most essential forms of travel. Although some …
The Human Costs of Border Control
This article outlines the relationship between irregular immigration, increased border control, and the number of casualties at Europe's maritime borders. The conclusion is that the number of fatalities is increasing as a result of increased border control. The author argues that States have a positive obligation under international law to address this issue, and formulates concrete proposals to monitor the number of border deaths. © 2007 Martinu…
Subsidiarity and 'Arguability'
The European Court of Human Rights’ case law on judicial review in asylum cases is not entirely consistent. However, it can be interpreted as consistent if two presumptions are accepted. First, that, as the Court's role should be subsidiary to that of domestic courts, domestic judicial review should at least be of the same quality and substance as the European Court of Human Rights’ review. Secondly, that the Court distinguishes between arguable …
Cosmopolitanism in Context
Is it possible and desirable to translate the basic principles underlying cosmopolitanism as a moral standard into effective global institutions. Will the ideals of inclusiveness and equal moral concern for all survive the marriage between cosmopolitanism and institutional power? What are the effects of such bureaucratisation of cosmopolitan ideals? This volume examines the strained relationship between cosmopolitanism as a moral standard and the…
Moving Migrants, States, and Rights Human Rights and Border Deaths
This article begins to undertake a human rights analysis of the increasing number of migrants who die annually while trying to cross the borders of Europe in an irregular manner. Over the past 20 years, border policies increasingly focus on (pro-active, extraterritorial, privatized, and securitized) border management instead of on classical (reactive, territorial, and public) border control. On the basis of existing data, it seems plausible to as…
Nicola Perugini and Neve Gordon, The Human Right to Dominate
This book’s intriguing title sums up a critical, compelling and innovative analysis of human rights. Starting from a detailed analysis of human rights in the Israeli–Palestinian conflict, it formulates general theoretical claims about the way human rights work. The insights which anthropologist Nicola Perugini and political scientist Neve Gordon have to offer are important and fundamental, but would benefit from being elaborated upon and refined …
Gender and Refugee Status
This is the first comprehensive socio-legal study of the interrelation between gender and the law of refugee status. In the past decade, the issue has received increasing attention in academic writing, the media and the courtroom. This book contains an interdisciplinary analysis. The empirical data, collected for this study and not published previously, concerns Dutch asylum practice. The Netherlands is a prominent refugee-receiving country in Eu…
Gender, Sexuality, Asylum and European Human Rights
Asylum law functions through a dichotomy between an idealized notion of Europe as a site characterized by human rights, and non-European countries as sites of oppression. In most social sciences and humanities literature, this dichotomy is seen as legitimizing European dominance and exclusion of non-Europeans. However, it is the same dichotomy which is used by asylum seekers to claim inclusion through the grant of asylum. Focusing on the inclusiv…
Bifurcation of people, bifurcation of law
In the past 25 years, European migration policy has been externalized, resulting in a bifurcation of human movement. This has become clearly visible in the context of Syrian refugees. In two judgments, the EU Court of Justice was confronted with cases challenging the exclusion of Syrian refugees from Europe. This article seeks to analyse these judgments in the context of the broader developments in European migration law and policy. The core anal…
Deaths at the borders database
Irregular migrants and asylum seekers have died and continue to die attempting to cross the external borders of the EU without authorisation, seeking to enter the territories of its Member States. Yet, remarkably little is known about these ‘border deaths’. In 2015, the Human Costs of Border Control project published the Deaths at the Borders Database for the Southern EU, an open-source ‘evidence base’ of individualised information about people w…
Introduction to the Symposium on Covid-19, Global Mobility and International Law
As a result of the COVID-19 pandemic, international mobility all but ground to a halt by the second quarter of 2020.1 Airline traffic dropped more than 70 percent, and thousands of grounded airplanes filled up the runways. All over the world, travel restrictions and quarantine measures are still in place at the time of this writing, and cross- border mobility remains largely shut down for all but the most essential forms of travel. Although some …
The geopolitics of knowledge production in international migration law
This chapter addresses the involvement of academic research on international migration law in the political project of the global North to impose its view concerning international migration law on the global South. The purportedly well-established principle of international law that states have the right exclude foreigners has its origins in the US Supreme Court’s Chinese Exclusion case law. The doctrine holding that the right of exclusion is inh…
Migration Emergencies in the European Postcolony
The following interview forms part of a double issue on Migrant States of Exception that is grounded in academic disciplines such as American studies, anthropology, film studies, sociology, philosophy and postcolonial studies as well as in the artistic practice of documentary film-making. It focuses on the legal concept of emergency in current European migration law. In its interest in colonial legacies, this conversation overlaps with some of th…
Race and the regulation of international migration. The ongoing impact of colonialism in the case law of The European Court of Human Rights
In the case law of the European Court of Human Rights (ECtHR) the right of States to control migration is firmly established despite strong indications that the effects of migration control are not racially neutral. In this article we attempt to understand how it is possible that the doctrine of sovereign migration control is not considered to breach the prohibition of racial discrimination. We argue that the ECtHR’s approach to migration and rac…
Coloniality and case law on the Australian asylum offshoring scheme
Migration management clientelism
In response to the 2015 migration ‘crisis’, the European Union intensified the externalisation of its migration policies, in particular through the EU Trust Funds for Syria and Africa, and the Facility for Refugees in Turkey. The legal construction of these financial measures is such that in many projects, normal implementation and public procurement procedures are not applied. This creates opportunities for clientelism. A limited number of actor…
Coloniality and case law on the Australian asylum offshoring scheme
This article presents an analysis of case law from Nauru, Australia and Papua New Guinea concerning the Australian offshoring scheme for asylum seekers. Its specific focus is to enquire to what extent and how colonial conceptual and ideological patterns of thought play a role in the reasoning of the courts involved. The analysis shows the Australian averseness to have its external action in former colonies subjected to international (human rights…
Political science (16 obras) · Law (13 obras) · Migration, Refugees, and Integration (8 obras) · Sociology (8 obras) · Human rights (7 obras) · Law (7 obras) · Politics (7 obras) · Geography (5 obras) · Refugee (5 obras) · Business (4 obras)