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United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay

United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay

United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay

Azadeh Dastyari, Monash University, Victoria
July 2015
Available
Hardback
9781107101005
$138.00
USD
Hardback

    This book provides a thorough legal analysis of the United States Migrant Interdiction Program, examining the United States' compliance with its obligations under municipal and international law as it interdicts individuals at sea, conducts status determinations, and returns those interdicted to their home countries. This book also examines the rights of the small number of refugees and individuals at risk of torture detained in Guantánamo Bay, Cuba, awaiting resettlement in third countries. Policy-makers, students and scholars will benefit from this book's clarification of the legal obligations of nations engaged in extraterritorial status determination and detention, as well as its blueprint for compliance with international human rights and refugee law. As the first book of its kind devoted to the United States' interdiction program, this work represents an important contribution to scholarship in refugee law and policy, US constitutional law, international maritime law, and international human rights law.

    • Presents the only detailed contemporary legal analysis of the US Migrant Interdiction Program including refugee detainment at Guantánamo Bay, Cuba
    • Addresses an important and misunderstood feature of US immigration law
    • Clarifies the legal obligations of nations engaged in extraterritorial detention under international human rights and refugee law

    Reviews & endorsements

    'Public awareness of course depends on the dissemination of information and informed, critical analysis of government policy. Dastyari’s book is therefore to be commended for offering the first detailed legal insight into the operation of the MIP. It should also be commended for its engaging style. … I would confidently recommend this to anyone who has an interest in international refugee law and human rights.' Helen O'Nions, Human Rights Law Review

    'United States Migrant Interdiction and the Detention of Refugees in Guantánamo Bay is the first book devoted to the US interdiction programme. It provides a thoughtful and convincing clarification of the legal principles underpinning the MIP. Azadeh Dastyari examines the interlocking regimes of international and municipal law governing the US’s interdiction of vessels and subsequent treatment of individuals seeking protection.' John Giammatteo, International Journal of Refugee Law

    See more reviews

    Product details

    July 2015
    Hardback
    9781107101005
    288 pages
    237 × 160 × 22 mm
    0.56kg
    2 b/w illus. 2 maps
    Available

    Table of Contents

    • 1. Introduction
    • 2. Political and historical background
    • 3. Authority for the exercise of jurisdiction under the United States' municipal law and the international law of the sea
    • 4. United States' obligations under international human rights and refugee law
    • 5. Status determinations in international waters and in Guantánamo Bay, Cuba
    • 6. Detention and related issues in Guantánamo Bay
    • 7. Conclusion.
      Author
    • Azadeh Dastyari , Monash University, Victoria

      Azadeh Dastyari is a lecturer in the Faculty of Law at Monash University, specializing in refugee and immigration law.