(c) Carrier Sanctions

  Main Debates Are Carrier Sanctions Permitted Under the Letter of the 1951 Geneva Convention? Should Non-State Parties be Responsible for Pre-Screening Asylum Seekers?   Main Points Carrier Sanctions as a Deflection Mechanism   EU Instruments Council Directive (EC) 2001/51 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement OJ L187 (10 July 2001). Council Directive (EC) 2004/82 on the obligation of carriers to communicate passenger data OJ L261 (6 August 2004). Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air OJ L 321/26 (6 December 2003).   Readings Core V. Guiraudon, 'Before the EU Border: Remote Control of the "Huddled Masses"' in K. Groenendijk, E. Guild and P. Minderhoud, In Search of Europe's Borders (The Hague: Kluwer Law International, 2003), 191–214.   Extended A. Cruz, Shifting Responsibility: Carriers' Liability in the Member States of the European Union and North America (Stoke-on-Trent: Trentham Books Limited, 1995).  

About the Reader

Section I Introduction to International Refugee Law: Background and Context


Section II International Framework for Refugee Protection


Section III European Framework for Refugee Protection


Section IV UNHCR and Other Actors Relevant to International Asylum Law

(c) Carrier Sanctions

 

Main Debates

Are Carrier Sanctions Permitted Under the Letter of the 1951 Geneva Convention?

Should Non-State Parties be Responsible for Pre-Screening Asylum Seekers?

 

Main Points

Carrier Sanctions as a Deflection Mechanism

 

EU Instruments

Council Directive (EC) 2001/51 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement OJ L187 (10 July 2001).

Council Directive (EC) 2004/82 on the obligation of carriers to communicate passenger data OJ L261 (6 August 2004).

Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air OJ L 321/26 (6 December 2003).

 

Readings

Core

V. Guiraudon, 'Before the EU Border: Remote Control of the "Huddled Masses"' in K. Groenendijk, E. Guild and P. Minderhoud, In Search of Europe's Borders (The Hague: Kluwer Law International, 2003), 191–214.

 

Extended

A. Cruz, Shifting Responsibility: Carriers' Liability in the Member States of the European Union and North America (Stoke-on-Trent: Trentham Books Limited, 1995).

 



EU Instruments

Council Directive (EC) 2001/51 Supplementing the Provisions of Article 26 of the Convention Implementing the Schengen Agreement

Council Directive (EC) 2001/51 supplementing the provisions of Article 26 of the Convention implementing the Schengen Agreement OJ L187 (10 July 2001).

Council Directive (EC) 2004/82 on the Obligation of Carriers to Communicate Passenger Data

Council Directive (EC) 2004/82 on the obligation of carriers to communicate passenger data OJ L261 (6 August 2004).

Council Directive (EC) 2003/110 on assistance in cases of transit for the purposes of removal by air

Council Directive (EC) 2003/110 of 25 November 2003 on assistance in cases of transit for the purposes of removal by air OJ L 321/26 (6 December 2003).

Readings

Core

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Before the EU Border: Remote Control of the "Huddled Masses"

V. Guiraudon, 'Before the EU Border: Remote Control of the "Huddled Masses"' in K. Groenendijk, E. Guild and P. Minderhoud, In Search of Europe's Borders (The Hague: Kluwer Law International, 2003), 191–214.

Extended

Shifting Responsibility: Carriers Liability in the Member States of the European Union and North America

A. Cruz, Shifting Responsibility: Carriers' Liability in the Member States of the European Union and North America (Stoke-on-Trent: Trentham Books Limited, 1995).