文章基本信息

标题：Carrier Sanctions and the Conflicting Legal Obligations of Carriers: Addressing Human Rights Leakage
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作者：Theodore Baird ; Thomas Spijkerboer
期刊名称：Amsterdam Law Forum
印刷版ISSN：1876-8156
出版年度：2020
卷号：11
期号：1
页码：4
DOI：10.37974/ALF.325
出版社：VU University Library
摘要：Carrier sanctions, by which transport companies are penalised if they do not refuse embarkation to undocumented persons, play a role in perpetuating harms (denial of refugee protection; death) against migrants. They do so because transport companies are obliged to, by legislation of destination states in Europe, North America and Australia. The potential accountability and responsibility of carriers for these harms has not been addressed in literature on human rights law. This article fills this gap through the application of Iris Young’s social connection model to address the contemporary harms of carrier sanctions. We propose that, faced with conflicting legal obligations, carriers have moral and legal obligations to remedy, through strategic actions, the harms to which they contribute. We outline a number of possible practices that carriers can use to do so.
其他关键词：Carrier sanctions; human rights leakage; Iris Marion Young; accountability; migration law