Europe and Extraterritorial Asylum

Maarten den Heijer is Assistant Professor in the department of Public International Law and European Law at the University of Amsterdam.

• Chapter 1: Introduction 1.1 Background 1.2 Aims and Scope Chapter 2: The Extraterritorial Applicability of Human Rights 2.1 Introduction 2.2 The Concept of Jurisdiction in International Law 2.3 The Concept of Jurisdiction in Human Rights Law 2.4 On the Different Functions of Jurisdiction in General International Law and Human Rights Law 2.5 International Case Law on the Extraterritorial Application of Human Rights 2.6 Human Rights Treaties with No Jurisdictional Clause 2.7 Conclusions Chapter 3: The Responsible Actor 3.1 Introduction 3.2 Independent Responsibility 3.3 Derived Responsibility for Aiding and Assisting Another State 3.4 Conclusions Chapter 4: Extraterritorial Asylum under International Law 4.1 Introduction 4.2 The Right to Grant Asylum 4.3 The Right to Obtain Asylum 4.4 The Right to Seek Asylum 4.5 A Right to be Protected but No Right to Protect? 4.6 Conclusions Chapter 5: Extraterritorial Asylum under European Union Law 5.1 Introduction 5.2 The EU's External Dimension of Asylum and Migration 5.3 The Territorial Scope of EU Law on Border Control and Asylum 5.4 Conclusions Chapter 6: Interdiction at Sea 6.1 Introduction 6.2 The European Interdiction Programme6.3 Migrant Interdiction and the Law of the Sea 6.4 Human Rights at Sea 6.5 Issues of Attribution and Allocation of Responsibility 6.6 Conclusions Chapter 7: External Processing 7.1 Introduction 7.2 The Logic of External Containment in US and Australian Practices 7.3 The Feasibility of Procedural Containment 7.4 The Feasibility of Physical Containment 7.5 Issues of Attribution and the Allocation of Responsibility 7.6 Conclusions Chapter 8: How to Take Refugee Rights into Account 8.1 Sovereignty, Territory and Human Rights: Towards a General Proposition 8.2 The Implementation of a Human Rights Strategy: Towards Recommendations 8.2 The EU as a Panacea for Upholding Refugee Rights?