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Laws, Volume 14, Issue 6

2025 December - 21 articles

Cover Story: Governments continue exploring ways to externalise their border controls to deter travel to their shores. States use such measures to reduce responsibility and avoid legal obligations through distance-creation, a form of ‘irresponsibilisation’. They argue that extraterritorial controls do not trigger obligations under international refugee or human rights law. If true, this would create accountability gaps, allowing states to evade duties by cooperating with others or offshoring processes. This paper disputes that view, introducing a ‘responsibility spectrum’ for externalised controls, especially offshore processing and returns. It shows that responsibility can arise for breaches of negative obligations, aiding another state, or violating positive duties, and that international law will still hold governments accountable for any breaches they facilitate. View this paper
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