The lawful detention of unauthorised aliens under the European system for the protection of human rights.

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https://doi.org/10.1163/157181011x565559
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Keywords

Administrative Detention, Arbitrariness, Interpretative Position, Lawfulness, Non-Nationals, Right to Liberty and Security of the Person, State sovereignty

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Research output: Contribution to Journal/Magazine › Journal article › peer-review

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The lawful detention of unauthorised aliens under the European system for the protection of human rights. / Bryan, Ian; Langford, Peter.
In: Nordic Journal of International Law, Vol. 80, No. 2, 2011, p. 193-218.

Research output: Contribution to Journal/Magazine › Journal article › peer-review

Bibtex

@article{e0457111413b407ab7911c72ec074834,

title = "The lawful detention of unauthorised aliens under the European system for the protection of human rights.",

abstract = "Th is article evaluates the protections against {\textquoteleft}arbitrary{\textquoteright} and {\textquoteleft}unlawful{\textquoteright} detention aff orded to nonnationals on having entered the territory of a State party to the European Convention on Human Rights (ECHR). Focussing on Article 5 ECHR and the various permissible exceptions therein, the article examines leading decisions of the European Court of Human Rights (ECtHR) and, in so doing, illuminates and explores tensions arising from the juncture at which Contracting States{\textquoteright} capacity to detain entry-seeking non-nationals, without criminal charge or trial, intersects with the requisites of Article 5(1)(f ) ECHR, as construed by the ECtHR. It argues that the ECtHR{\textquoteright}s interpretative standpoint regarding the {\textquoteleft}lawful{\textquoteright} administrative detention of {\textquoteleft}unauthorised{\textquoteright} non-nationals gives disproportionate preference to Contracting States{\textquoteright} interest in managing migration flows. It also argues that in consequence States{\textquoteright} obligations in international human rights law, the strictures of Article 5 ECHR and the credibility of the Strasbourg Court itself are enfeebled.",

keywords = "Administrative Detention, Arbitrariness, Interpretative Position, Lawfulness, Non-Nationals, Right to Liberty and Security of the Person, State sovereignty",

author = "Ian Bryan and Peter Langford",

year = "2011",

doi = "10.1163/157181011x565559",

language = "English",

volume = "80",

pages = "193--218",

journal = "Nordic Journal of International Law",

issn = "1571-8107",

publisher = "Martinus Nijhoff Publishers",

number = "2",

}

RIS

TY - JOUR

T1 - The lawful detention of unauthorised aliens under the European system for the protection of human rights.

AU - Bryan, Ian

AU - Langford, Peter

PY - 2011

Y1 - 2011

N2 - Th is article evaluates the protections against ‘arbitrary’ and ‘unlawful’ detention aff orded to nonnationals on having entered the territory of a State party to the European Convention on Human Rights (ECHR). Focussing on Article 5 ECHR and the various permissible exceptions therein, the article examines leading decisions of the European Court of Human Rights (ECtHR) and, in so doing, illuminates and explores tensions arising from the juncture at which Contracting States’ capacity to detain entry-seeking non-nationals, without criminal charge or trial, intersects with the requisites of Article 5(1)(f ) ECHR, as construed by the ECtHR. It argues that the ECtHR’s interpretative standpoint regarding the ‘lawful’ administrative detention of ‘unauthorised’ non-nationals gives disproportionate preference to Contracting States’ interest in managing migration flows. It also argues that in consequence States’ obligations in international human rights law, the strictures of Article 5 ECHR and the credibility of the Strasbourg Court itself are enfeebled.

AB - Th is article evaluates the protections against ‘arbitrary’ and ‘unlawful’ detention aff orded to nonnationals on having entered the territory of a State party to the European Convention on Human Rights (ECHR). Focussing on Article 5 ECHR and the various permissible exceptions therein, the article examines leading decisions of the European Court of Human Rights (ECtHR) and, in so doing, illuminates and explores tensions arising from the juncture at which Contracting States’ capacity to detain entry-seeking non-nationals, without criminal charge or trial, intersects with the requisites of Article 5(1)(f ) ECHR, as construed by the ECtHR. It argues that the ECtHR’s interpretative standpoint regarding the ‘lawful’ administrative detention of ‘unauthorised’ non-nationals gives disproportionate preference to Contracting States’ interest in managing migration flows. It also argues that in consequence States’ obligations in international human rights law, the strictures of Article 5 ECHR and the credibility of the Strasbourg Court itself are enfeebled.

KW - Administrative Detention

KW - Arbitrariness

KW - Interpretative Position

KW - Lawfulness

KW - Non-Nationals

KW - Right to Liberty and Security of the Person

KW - State sovereignty

U2 - 10.1163/157181011x565559

DO - 10.1163/157181011x565559

M3 - Journal article

VL - 80

SP - 193

EP - 218

JO - Nordic Journal of International Law

JF - Nordic Journal of International Law

SN - 1571-8107

IS - 2

ER -

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