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Affluent states increasingly seek to control migration beyond their borders. One means of doing this has been to relegate migration administration to third states. These practices raise the question whether states remain responsible under human rights law for protecting migrants whose stakes are governed by the third countries with which they cooperate. The first part of this chapter describes the concepts of externalisation and outsourcing of migration control and provides illustrations from state practice. The second part analyses to which extent migration control beyond the border can trigger the applicability of human rights instruments. It suggests how the notion of ‘human rights jurisdiction’ – in particular the proxy model and the effects model – may be further developed so as to accommodate for human rights checks on these emerging practices in the field of migration control.
by Kristof Gombeer, Stefaan Smis, in The Routledge Handbook on Extraterritorial Human Rights Obligations.