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Refuge beyond ReachHow Rich Democracies Repel Asylum Seekers$
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David Scott FitzGerald

Print publication date: 2019

Print ISBN-13: 9780190874155

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780190874155.001.0001

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Protecting Access to Sanctuary

Protecting Access to Sanctuary

(p.253) Chapter 11 Protecting Access to Sanctuary
Refuge beyond Reach

David Scott FitzGerald

Oxford University Press

Regardless of whether a given technique of remote control sustains legal scrutiny, the cumulative effect of these policies shocks the humanitarian conscience. Diffuse humanitarian norms cannot be evaded so easily because they focus attention on the effects of the whole. Feedback loops channel information between the legal process and the production of knowledge by refugee advocates. This knowledge is the basis for integrated advocacy to keep access to sanctuary open. The extent to which such advocacy is effective varies by technique of remote control and across contexts. The least constrained remote control policies involve the dome, and the most constrained involve the barbican. There are more varied limitations on the high seas, where courts have strongly constrained the EU but given the United States carte blanche to refoule refugees. Political constraints on buffering and caging are derived from embedded liberalism and linkages to other foreign policy issues.

Keywords:   humanitarianism, territorial personhood, human rights, integrated advocacy, international brand, transnational advocacy, hyper-legalism, Hippocratic bubble, judicial review

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