Document Type
Article
Publication Date
11-2021
Keywords
Externalization, International Refugee Law, International Civil Aviation Organization, Treaty Interpretation, Australia
Abstract
This paper examines the previously unexplored question of the role of the International Civil Aviation Organization (‘ICAO’) as a forum for the development of practices of externalisation which prevent refugees from reaching state territory and accessing protection. Since 1947, the Convention on International Civil Aviation and ICAO have played a key role in the establishment of the modern legal and operational framework of international air travel. One of ICAO’s principal functions is to formulate and adopt Standards and Recommended Practices which have mainly focused on the safety, regularity and efficiency of civil air travel. The Australian policy of ‘entry screening’ international travelers at Australian airports reveals how (1) the reframing afforded by ICAO’s formulation of standards on passenger facilitation has diminished observance of the binding international obligations of non-refoulement and non-penalisation; and that (2) the interaction between civil air law and international refugee law implicates important questions of treaty interpretation.
Publication Title
Globalizations
DOI
https://doi.org/10.1080/14747731.2021.1989152
Required Publisher's Statement
This is an Accepted Manuscript of an article published by Taylor & Francis in Globalizations on November 11, 2021, available at: https://doi.org/10.1080/14747731.2021.1989152
Recommended Citation
Regina Jefferies (2021) Bringing externalization home: the International Civil Aviation Organization and ‘entry screening’ in Australia, Globalizations, DOI: 10.1080/14747731.2021.1989152
Subjects - Topical (LCSH)
Australia--Emigration and immigration--Government policy; Political refugees--Legal status, laws, etc.--Australia; Airline passenger security screening--Law and legislation--Australia; Air travel--Standards--Australia
Subjects - Names (LCNAF)
International Civil Aviation Organization
Geographic Coverage
Australia
Genre/Form
essays
Type
Text
Rights
Copying of this document in whole or in part is allowable only for scholarly purposes. It is understood, however, that any copying or publication of this document for commercial purposes, or for financial gain, shall not be allowed without the author’s written permission.
Language
English
Format
application/pdf
