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Beyond the Governance Gap: Accountability in Privatized Migration Control

Davitti, Daria LU (2020) In German Law Journal 21(3). p.487-505
Abstract
This Article focuses on the accountability challenges raised by the increased involvement of Private Military and Security Companies (PMSC) in migration control. I argue that migration control activities outsourced to PMSC can be classified as high-risk operations for the purposes of the application of relevant business and human rights standards. This reclassification of migration control activities as high-risk business operations, in turn, has two significant implications in terms of establishing accountability for PMSC's wrongful conduct. First, it acknowledges that the privatization of migration control, especially within the context of continued containment and deterrence trends, entails a high risk of human rights abuses to which... (More)
This Article focuses on the accountability challenges raised by the increased involvement of Private Military and Security Companies (PMSC) in migration control. I argue that migration control activities outsourced to PMSC can be classified as high-risk operations for the purposes of the application of relevant business and human rights standards. This reclassification of migration control activities as high-risk business operations, in turn, has two significant implications in terms of establishing accountability for PMSC's wrongful conduct. First, it acknowledges that the privatization of migration control, especially within the context of continued containment and deterrence trends, entails a high risk of human rights abuses to which PMSC may contribute, both directly and indirectly. Second, this reclassification enables us to identify heightened obligations vested upon the home state of a PMSC, as well as the heightened responsibility of PMSC themselves. The article also examines what these heightened obligations and responsibilities entail. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human Rights, Migration control, High Risk Contexts, Business and Human Rights, Mänskliga rättigheter, Migrationskontroll
in
German Law Journal
volume
21
issue
3
pages
487 - 505
publisher
Cambridge University Press
external identifiers
  • scopus:85096084253
ISSN
2071-8322
DOI
10.1017/glj.2020.19
language
English
LU publication?
yes
id
d6b7c2f9-dd7f-4022-aec7-bd7bee347069
date added to LUP
2020-01-23 09:12:17
date last changed
2023-01-12 11:47:16
@article{d6b7c2f9-dd7f-4022-aec7-bd7bee347069,
  abstract     = {{This Article focuses on the accountability challenges raised by the increased involvement of Private Military and Security Companies (PMSC) in migration control. I argue that migration control activities outsourced to PMSC can be classified as high-risk operations for the purposes of the application of relevant business and human rights standards. This reclassification of migration control activities as high-risk business operations, in turn, has two significant implications in terms of establishing accountability for PMSC's wrongful conduct. First, it acknowledges that the privatization of migration control, especially within the context of continued containment and deterrence trends, entails a high risk of human rights abuses to which PMSC may contribute, both directly and indirectly. Second, this reclassification enables us to identify heightened obligations vested upon the home state of a PMSC, as well as the heightened responsibility of PMSC themselves. The article also examines what these heightened obligations and responsibilities entail.}},
  author       = {{Davitti, Daria}},
  issn         = {{2071-8322}},
  keywords     = {{Human Rights; Migration control; High Risk Contexts; Business and Human Rights; Mänskliga rättigheter; Migrationskontroll}},
  language     = {{eng}},
  month        = {{04}},
  number       = {{3}},
  pages        = {{487--505}},
  publisher    = {{Cambridge University Press}},
  series       = {{German Law Journal}},
  title        = {{Beyond the Governance Gap: Accountability in Privatized Migration Control}},
  url          = {{https://lup.lub.lu.se/search/files/79430517/beyond_the_governance_gap_accountability_in_privatized_migration_control.pdf}},
  doi          = {{10.1017/glj.2020.19}},
  volume       = {{21}},
  year         = {{2020}},
}