Externalization, International Refugee Law, International Civil Aviation Organization, Treaty Interpretation, Australia
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 focussed on the safety, regularity and efficiency of civil air travel. The Australian policy of ‘entry screening’ international travellers 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.
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
Regina Jefferies (2021) Bringing externalization home: the International Civil Aviation Organization and ‘entry screening’ in Australia, Globalizations, DOI: 10.1080/14747731.2021.1989152
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