Nowhere Countries: Exclusion of Non-Citizens from Rights through Extra-Territoriality at Home

Pauline Maillet is a graduate of Wilfrid Laurier’s Ph.D. programme (Canada, 2017). She won scholarships from the Balsillie School of International Affairs and the Ontario Province. She holds an LL.M. in Public International Law from the London School of Economics.

• AcknowledgmentsList of IllustrationsList of AbbreviationsIntroductionPart 1The Creation and Expansion of Nowhere Countries through the Law or Lack Thereof1 The Establishment of the International Zone at French Airports as an Abject, Extra-Territorial Space1 Refugee Policies in Council of Europe Member States in the 1980s and 1990s2 France in the 1980s: the Rise of Xenophobia and Restrictive Migration Laws in the Midst of Economic Difficulties3 Long-Term Confinement in the International Zone in Inhumane Conditions4 Detention in the International Zone in a Legal Limbo Premised on Extra-Territoriality5 The Coalescence of Activism inside and outside of the International Zone6 Legal Activism: the Use of the “Legal Fiction” Argument to Challenge the Extra-Territoriality Thesis7 Factors that Contributed to the Establishment of the International Zone as an Abject Space2 The Birth of French Waiting Zones or the Manufacturing of an Illiberal Law through Regular Democratic Mechanisms1 Context of the Marchand Amendment2 The Marchand Amendment: a Less Protective Provision Premised on Extra-Territoriality3 Persisting Ambiguity Regarding the Status of the Transit Zone4 The Government’s Justification for the Amendment: Emphasis on Progress, Security and the Upcoming Litigation’s Danger5 The Role of the Constitutional Council in the Manufacturing of an Illiberal Law6 The Law on the Waiting Zone from 1992 to 2016: Successive Extensions of the Definition of the Waiting Zone Following Litigation “Crises”3 Non-Citizens in French Airports’ Waiting Zones Today: the Endurance of Exclusion through Extra-Territoriality1 The Case of Amuur v. France (1996): Airports’ International Zones Are not Extra- Territorial Spaces2 When History Repeats Itself: Evidence of the Endurance of the Initial Phase of Extra- Territoriality3 The Waiting Zone: the Heir of the International Zone4 The French Law on the Waiting Zone: the Reinvention of Exclusion through Extra-Territoriality1 The Law on the Waiting Zone: an Exclusionary Framework Forced upon the Most Vulnerable1.1 Asylum Seekers1.2 Accompanied Children in the Waiting Zones1.3 Unaccompanied Children in the Waiting Zones2 Ad Hoc Waiting Zones or the Possibility for Border Authorities to Create Zones of Lesser Rights Anywhere3 The Exportation of the Law on the Waiting Zone to Morocco5 Excision or the Australian Government’s Attempt to Subvert the Refugee Convention through Extra-Territoriality1 The Tampa Incident2 Political Context of the Tampa Incident3 The 2001 Acts or The Legal Foundation of the Excision Policy4 Why Australia’s Excision Policy Was Built on Wrong Assumptions5 “Why Are We Getting Kicked Out from the Rest of Australia?” Australian Citizens’ Perspective on Excision6 Entering an Excised Space Equals Entering a Legal Space of Lesser Rights7 Excision or the Pinnacle of Australia’s Long-Standing Policy of Preference for Resettlement over Asylum8 Contamination of the Regular Refugee Protection Regime by the Excision Regime9 Extension of the Space of Exclusion9.1 Extension of the Space of Exclusion to the Non-Citizen’s Self and Descendants9.2 Extension of the Space of Exclusion to the Entire MainlandPart 1 Findings: Extra-Territorial Exclusion Comes in Two Forms that May Be Combined – the Case of CanadaPart 2Inside Nowhere Countries: Enforcement Practices and Mental Landscapes6 Airport Terminals: the Border Police’s Realms. The Less Visible Part of cdg’s Waiting Zone1 Path Followed by Passengers Prior to and upon Placement under the Waiting Zone Regime2 Hassan’s Understanding of His Location3 Isolation4 Arbitrariness and Asymmetrical Power Relations5 Psychological and Physical Violence6 Authorities’ Perception of Detainees7 zapi 3: a Place of Deprivation of Liberty Where Access to Rights Remains Challenging1 Background Information on zapi 32 Euphemistic Discourses: zapi 3 as a “Hotel”3 A Place of Deprivation of Liberty Where Tension Transpires4 Limited Visibility and Police Omnipresence5 Barriers to Accessing Remedies in Case of Mistreatment6 Barriers to Accessing Legal AidPart 2 Findings: Nowhere Countries Are Vanishing Points Where Border Control Takes Precedence over RightsPart 3Nowhere Countries or One Non-Entrée Mechanism amongst Many8 The Symbiotic Relations between Carrier Sanctions and the Waiting Zone1 A Brief History of Carrier Sanctions at the International and National Level2 Carriers’ Responsibility (Part 1): Accommodation and Return3 Carriers’ Responsibility (Part 2): Fines4 The Impact of Fines on Companies’ Budgets5 France within the Landscape of Carrier Sanctions: One Country among Many6 Governmental Actors’ Perspective on Fines and Asylum Seeking7 “We Are Not Border Police Auxiliaries!” Trade Unionists’ Resistance to the Carrier Responsibility Framework9 The Waiting Zone: the Last Gate to Keep Asylum Seekers Away1 Interpretation and Communication Issues2 Unsatisfactory Access to Legal Recourses against Refusal to Enter Territory on Asylum Grounds3 Administrative Court Hearings: When the Judge Embraces the State’s Perspective4 Refoulement of Asylum Claimants to Countries Where Their Lives or Freedom Are at RiskConclusions1 How to Render Nowhere Countries Visible?2 Why Do States Create Nowhere Countries?3 How to Conceptualize the Exclusion upon Which Nowhere Countries Are Established?4 Nowhere Countries’ Purpose: Prevent Asylum Seekers’ Arrival5 Creating and Operating Nowhere Countries Is Costly from an Economic and Human Standpoint6 Nowhere Countries are Social Constructs that May be UnmadeAppendicesAppendix 1 Table of Research Participants: ExpertsAppendix 2 Table of Research Participants: Individuals Placed under the Waiting Zone RegimeAppendix 3 Migration Amendment (Excision from Migration Zone) Act 2001 (Australia) No. 127, 2001Appendix 4 Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act 2001 (Australia) No. 128, 2001Appendix 5 Border Protection (Validation and Enforcement Powers) Act 2001 (Australia)Appendix 6 Migration Amendment (Unauthorised Maritime Arrivals and Other Measures) Act 2013Appendix 7 ceseda (September 2016) (France)ReferencesIndex