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Nowhere Countries: Exclusion of Non-Citizens from Rights Through Extra-Territoriality at Home : Exclusion of Non-Citizens from Rights Through Extra-Territoriality at Home
Nowhere Countries: Exclusion of Non-Citizens from Rights Through Extra-Territoriality at Home : Exclusion of Non-Citizens from Rights Through Extra-Territoriality at Home
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Author(s): Maillet, Pauline
ISBN No.: 9789004383494
Pages: XIV, 298
Year: 201912
Format: Trade Cloth (Hard Cover)
Price: $ 238.74
Dispatch delay: Dispatched between 7 to 15 days
Status: Available

Acknowledgments List of Illustrations List of Abbreviations Introduction Part 1 The Creation and Expansion of Nowhere Countries through the Law or Lack Thereof 1 The Establishment of the International Zone at French Airports as an Abject, Extra-Territorial Space 1 Refugee Policies in Council of Europe Member States in the 1980s and 1990s 2 France in the 1980s: the Rise of Xenophobia and Restrictive Migration Laws in the Midst of Economic Difficulties 3 Long-Term Confinement in the International Zone in Inhumane Conditions 4 Detention in the International Zone in a Legal Limbo Premised on Extra-Territoriality 5 The Coalescence of Activism inside and outside of the International Zone 6 Legal Activism: the Use of the "Legal Fiction" Argument to Challenge the Extra-Territoriality Thesis 7 Factors that Contributed to the Establishment of the International Zone as an Abject Space 2 The Birth of French Waiting Zones or the Manufacturing of an Illiberal Law through Regular Democratic Mechanisms 1 Context of the Marchand Amendment 2 The Marchand Amendment: a Less Protective Provision Premised on Extra-Territoriality 3 Persisting Ambiguity Regarding the Status of the Transit Zone 4 The Government''s Justification for the Amendment: Emphasis on Progress, Security and the Upcoming Litigation''s Danger 5 The Role of the Constitutional Council in the Manufacturing of an Illiberal Law 6 The Law on the Waiting Zone from 1992 to 2016: Successive Extensions of the Definition of the Waiting Zone Following Litigation "Crises" 3 Non-Citizens in French Airports'' Waiting Zones Today: the Endurance of Exclusion through Extra-Territoriality 1 The Case of Amuur v. France (1996): Airports'' International Zones Are not Extra- Territorial Spaces 2 When History Repeats Itself: Evidence of the Endurance of the Initial Phase of Extra- Territoriality 3 The Waiting Zone: the Heir of the International Zone 4 The French Law on the Waiting Zone: the Reinvention of Exclusion through Extra-Territoriality 1 The Law on the Waiting Zone: an Exclusionary Framework Forced upon the Most Vulnerable 1.1 Asylum Seekers 1.2 Accompanied Children in the Waiting Zones 1.3 Unaccompanied Children in the Waiting Zones 2 Ad Hoc Waiting Zones or the Possibility for Border Authorities to Create Zones of Lesser Rights Anywhere 3 The Exportation of the Law on the Waiting Zone to Morocco 5 Excision or the Australian Government''s Attempt to Subvert the Refugee Convention through Extra-Territoriality 1 The Tampa Incident 2 Political Context of the Tampa Incident 3 The 2001 Acts or The Legal Foundation of the Excision Policy 4 Why Australia''s Excision Policy Was Built on Wrong Assumptions 5 "Why Are We Getting Kicked Out from the Rest of Australia?" Australian Citizens'' Perspective on Excision 6 Entering an Excised Space Equals Entering a Legal Space of Lesser Rights 7 Excision or the Pinnacle of Australia''s Long-Standing Policy of Preference for Resettlement over Asylum 8 Contamination of the Regular Refugee Protection Regime by the Excision Regime 9 Extension of the Space of Exclusion 9.1 Extension of the Space of Exclusion to the Non-Citizen''s Self and Descendants 9.2 Extension of the Space of Exclusion to the Entire Mainland Part 1 Findings: Extra-Territorial Exclusion Comes in Two Forms that May Be Combined - the Case of Canada Part 2 Inside Nowhere Countries: Enforcement Practices and Mental Landscapes 6 Airport Terminals: the Border Police''s Realms. The Less Visible Part of cdg''s Waiting Zone 1 Path Followed by Passengers Prior to and upon Placement under the Waiting Zone Regime 2 Hassan''s Understanding of His Location 3 Isolation 4 Arbitrariness and Asymmetrical Power Relations 5 Psychological and Physical Violence 6 Authorities'' Perception of Detainees 7 zapi 3: a Place of Deprivation of Liberty Where Access to Rights Remains Challenging 1 Background Information on zapi 3 2 Euphemistic Discourses: zapi 3 as a "Hotel" 3 A Place of Deprivation of Liberty Where Tension Transpires 4 Limited Visibility and Police Omnipresence 5 Barriers to Accessing Remedies in Case of Mistreatment 6 Barriers to Accessing Legal Aid Part 2 Findings: Nowhere Countries Are Vanishing Points Where Border Control Takes Precedence over Rights Part 3 Nowhere Countries or One Non-Entrée Mechanism amongst Many 8 The Symbiotic Relations between Carrier Sanctions and the Waiting Zone 1 A Brief History of Carrier Sanctions at the International and National Level 2 Carriers'' Responsibility (Part 1): Accommodation and Return 3 Carriers'' Responsibility (Part 2): Fines 4 The Impact of Fines on Companies'' Budgets 5 France within the Landscape of Carrier Sanctions: One Country among Many 6 Governmental Actors'' Perspective on Fines and Asylum Seeking 7 "We Are Not Border Police Auxiliaries!" Trade Unionists'' Resistance to the Carrier Responsibility Framework 9 The Waiting Zone: the Last Gate to Keep Asylum Seekers Away 1 Interpretation and Communication Issues 2 Unsatisfactory Access to Legal Recourses against Refusal to Enter Territory on Asylum Grounds 3 Administrative Court Hearings: When the Judge Embraces the State''s Perspective 4 Refoulement of Asylum Claimants to Countries Where Their Lives or Freedom Are at Risk Conclusions 1 How to Render Nowhere Countries Visible? 2 Why Do States Create Nowhere Countries? 3 How to Conceptualize the Exclusion upon Which Nowhere Countries Are Established? 4 Nowhere Countries'' Purpose: Prevent Asylum Seekers'' Arrival 5 Creating and Operating Nowhere Countries Is Costly from an Economic and Human Standpoint 6 Nowhere Countries are Social Constructs that May be Unmade Appendices Appendix 1 Table of Research Participants: Experts Appendix 2 Table of Research Participants: Individuals Placed under the Waiting Zone Regime Appendix 3 Migration Amendment (Excision from Migration Zone) Act 2001 (Australia) No.


127, 2001 Appendix 4 Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Australia) No. 128, 2001 Appendix 5 Border Protection (Validation and Enforcement Powers) Act 2001 (Australia) Appendix 6 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013 Appendix 7 ceseda (September 2016) (France) References Index.


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