The Protection of Asylum Seekers in Australian-Pacific Offshore Processing
The Legal Deficit of Human Rights in a Nodal Reality
Bibliographic Data
| ID | 6068686 |
|---|---|
| Authors | Patrick Van Berlo (0000-0002-5824-5487, Netherlands Institute for the Study of Crime and Law Enforcement, corresponding author) |
| Year | 2016 |
| Pages | ngw017 |
| Publication date | 2016-08-12 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Human Rights Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1461-7781 • E-ISSN: 1744-1021 |
| Publisher | Oxford University Press (PUBLISHER • GB) |
| DOI | 10.1093/hrlr/ngw017 |
| OpenAlex | W2507593836 |
| Language | EN |
| Citations received | 3 |
| References cited | 12 |
Under Australia's current border control policy, called 'Operation Sovereign Borders', migrants arriving irregularly by boat are transferred to offshore processing centres in Nauru and Papua New Guinea. On the basis of their poor human rights record, such centres are often criticized with reference to international human rights law. By conceptualizing the Australian-Nauruan arrangement as one of nodal governance, this article examines whether international human rights law constitutes an appropriate instrument to hold the involved actors responsible and accountable. The analysis of jurisdiction and attribution shows that it is difficult to establish responsibility on behalf of one of the involved actors. Yet even if responsibility can be allocated, proper human rights accountability is still impeded given the weak monitoring system and the nontransparent processing facilities. Establishing de jure responsibility in this context is thus extremely difficult but, even if one succeeds, accountability is not sufficiently effectuated de facto. The article concludes by questioning the actual legal value of human rights in nodal settings and by providing recommendations for further (extralegal) analysis.
Accountability · Business · Context (archaeology) · Corporate governance · Geography · Human rights · Jurisdiction · Law and economics · Political science · Politics · Refugee · Sociology · Sovereignty · European Criminal Justice and Data Protection · Human Rights and Immigration · International Maritime Law Issues · Law
Australia and Asylum Seekers
Extending Judicial Control in International Law
Universal human rights
Crimmigrant’ bodies and bona fide travelers
Legal Aid for Asylum Seekers
Revisiting Extraterritorial Jurisdiction
Report of the Special Representative of the Secretary-General on the Issue of Human Rights and Transnational Corporations and other Business Enterprises
Crimmigration in the Netherlands
Responsibility Beyond Borders
The Extraterritoriality of the European Convention on Human Rights
The Embrace of Border Security
Immigration and the state
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,43 |
| Citation span | 2019 - 2023 (5) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |