Beyond the Governance Gap: Accountability in Privatized Migration Control
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...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2020-04-01
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| Series: | German Law Journal |
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| Online Access: | https://www.cambridge.org/core/product/identifier/S207183222000019X/type/journal_article |
| _version_ | 1811156159348867072 |
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| author | Daria Davitti |
| author_facet | Daria Davitti |
| author_sort | Daria Davitti |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-04-10T04:45:45Z |
| format | Article |
| id | doaj.art-1302777596ac42dcbde29e3e0bf47472 |
| institution | Directory Open Access Journal |
| issn | 2071-8322 |
| language | English |
| last_indexed | 2024-04-10T04:45:45Z |
| publishDate | 2020-04-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | German Law Journal |
| spelling | doaj.art-1302777596ac42dcbde29e3e0bf474722023-03-09T12:35:13ZengCambridge University PressGerman Law Journal2071-83222020-04-012148750510.1017/glj.2020.19Beyond the Governance Gap: Accountability in Privatized Migration ControlDaria Davittihttps://orcid.org/0000-0002-0474-3798This 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.https://www.cambridge.org/core/product/identifier/S207183222000019X/type/journal_articlePrivatized migration controlBusiness and Human RightsPMSC |
| spellingShingle | Daria Davitti Beyond the Governance Gap: Accountability in Privatized Migration Control German Law Journal Privatized migration control Business and Human Rights PMSC |
| title | Beyond the Governance Gap: Accountability in Privatized Migration Control |
| title_full | Beyond the Governance Gap: Accountability in Privatized Migration Control |
| title_fullStr | Beyond the Governance Gap: Accountability in Privatized Migration Control |
| title_full_unstemmed | Beyond the Governance Gap: Accountability in Privatized Migration Control |
| title_short | Beyond the Governance Gap: Accountability in Privatized Migration Control |
| title_sort | beyond the governance gap accountability in privatized migration control |
| topic | Privatized migration control Business and Human Rights PMSC |
| url | https://www.cambridge.org/core/product/identifier/S207183222000019X/type/journal_article |
| work_keys_str_mv | AT dariadavitti beyondthegovernancegapaccountabilityinprivatizedmigrationcontrol |