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PIL.OT / RESEARCH ARCHIVE

PIL.OT Archive

Research private international law developments by year, topic, legal field and author.

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33 results

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border procedures×Clear all
migration · asylum · protection
Academic publicationMigration and foreign nationals lawEuropean Union

Legal Support for Unaccompanied Children after the Migration and Asylum Pact

Ingrid V Eagly addresses the difficulties unaccompanied migrant children face in accessing legal information, guardians and free legal assistance during international-protection and status-regularisation procedures in EU Member States.

Ingrid V Eagly21 August 2026English
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migration · return · detention
Academic publicationMigration and foreign nationals lawCanada

How Canada’s asylum border has hollowed out refugee protection

Efrat Arbel traces how Canada’s asylum reforms between 2020 and 2026 transformed its refugee-protection system and affected its legal obligations towards asylum seekers.

Efrat Arbel17 August 2026English
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procedure · judgments · enforcement
Academic publicationMigration and foreign nationals lawUnited States / Mexico

Border Externalisation and Violence Along Migration Routes in “Remain in Mexico”

Elena Barham and Marco Alcocer’s preprint investigates the security consequences of border externalisation—by which destination states press transit countries to intensify migration enforcement—through the 2019 Migrant Protection Protocols (“Remain in Mexico”).

Marco Alcocer Elena Barham31 July 2026English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEuropean Union

EU Externalised Migration Control and the Right to Leave

Dr Emilie McDonnell authored the academic publication “EU Externalised Migration Control and the Right to Leave” in EU Immigration and Asylum Law and Policy, published on 2026-07-08. The publication forms part of the private-international-law literature concerning European Union.

Emilie McDonnell08 July 2026English
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migration · return · detention
Academic publicationMigration and foreign nationals lawUnited States; European Union; European states

Comparative study of border externalisation and the future of international refugee law

the academic publication “Comparative study of border externalisation and the future of international refugee law”, published on 2026-07-08. The publication forms part of the private-international-law literature concerning United States; European Union; European states.

Outsourcing Migration: A Comparative Analysis of Border Externalization and the Future of International Refugee Law08 July 2026English
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pil · methodology
Academic publicationMigration and foreign nationals lawUnited Kingdom

Academic study published on the United Kingdom’s externalisation of migration

Kate Motluk’s article in Political Geography examines how the United Kingdom externalises migration control through places outside Great Britain.

Kate Motluk05 July 2026English
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migration · return · detention
Academic publicationMigration and foreign nationals lawMexico

Alethia Fernández de la Reguera’s Inside the Bureaucracy of Immigration Detention published

Alethia Fernández de la Reguera’s *Inside the Bureaucracy of Immigration Detention* examines how immigration policy is implemented in Mexico, drawing on three years of qualitative research at the Siglo XXI Migration Station in Tapachula on the Guatemala border.

Alethia Fernández de la Reguera03 July 2026English
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transport
Academic publicationMigration and foreign nationals lawMorocco, European Union

Border regime in Morocco examined in comparative terms with Frontex

Hanen Medromi treats Moroccan border law not simply as a question of territorial boundaries, but as a composite legal regime operating across land, air and maritime borders.

Hanen Medromi30 June 2026Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawTürkiye

Law of Foreigners and Refugees

In this second edition, Ersin Yilmaz and Nazim Taha Koçak bring together decisions of the Turkish administrative courts on disputes arising under Law No. 6458 on Foreigners and International Protection.

Ersin Yılmaz · Nazım Taha Koçak01 June 2026Turkish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawEuropean Union

Towards 12 June: Some progress, but many delays in implementing the Pact on Migration and Asylum

Alessia di Pascale writes that, with fewer than two weeks remaining before the EU Pact on Migration and Asylum becomes fully applicable on 12 June 2026, Member States’ adaptation of their national systems to the new framework remains incomplete.

Alessia di Pascale28 May 2026English
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pil · methodology
Academic publicationMigration and foreign nationals lawEurope / Migration law

Balancing National Security and Non-Refoulement: The Securitization of EU Migration Policies and the Crisis of Fundamental Rights

Georgios Athanasiou’s article in the European Journal of Migration and Law says EU Member States are increasingly relying on national security to justify restrictive migration measures and refoulement at the external borders, and argues that this produces a “securitization cascade” that gradually…

Georgios Athanasiou21 May 2026English
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succession
Academic publicationMigration and foreign nationals lawEurope / Migration law

Hotspots Everywhere? Detention and Restrictions of Freedom of Movement during Border Procedures under the New Pact

This journal article by Leon Rauch, published in the European Journal of Migration and Law, examines the use of border procedures under the EU’s New Pact on Migration and Asylum in processing asylum applications.

Leon Rauch31 March 2026English
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migration · border · mobility
Academic publicationMigration and foreign nationals lawEurope / Migration law

Technosecuritization: Digital Technologies and the Securitization of EU Migration Law

Chiara Graziani authored the academic publication “Technosecuritization: Digital Technologies and the Securitization of EU Migration Law” in European Journal of Migration and Law, published on 2026-03-31.

Chiara Graziani31 March 2026English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGermany

Smartphone Data Extraction in the Context of Asylum

Víctor Herraiz Jagerovic’s article focuses on smartphone data extraction (SDE) by the German Federal Office for Migration and Refugees (BAMF) in asylum proceedings.

Víctor Herraiz Jagerovic19 June 2025English
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pil · methodology
Academic publicationMigration and foreign nationals lawSpain, Libya

This article by Montserrat Pi Llorens, published in the Revista Española de Derecho Internacional, presents Lorena M

This article by Montserrat Pi Llorens, published in the Revista Española de Derecho Internacional, presents Lorena M. Calvo Mariscal’s 2023, 309-page book published by Editorial Reus in Madrid, entitled "Inmigración, Externalización de Fronteras Europeas y Derechos Humanos en Libia".

Montserrat Pi Llorens03 June 2025Spanish
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawEuropean Union

Bordering Asylum: Examining the EU’s Border Procedures under the Asylum Procedures Regulation (EU) 2024/1348

Vasiliki Apatzidou’s article in the International Journal of Refugee Law examines how border procedures have been expanded under the EU Asylum Procedures Regulation (EU) 2024/1348 within the Common European Asylum System.

Vasiliki Apatzidou01 June 2025English
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migration · return · detention
Academic publicationMigration and foreign nationals lawNetherlands

Externalisation of Migration Controls: A Taxonomy of Practices and Their Implications in International and European Law

The article develops a taxonomy of practices through which States manage migration flows and enforce immigration policies beyond their borders.

Salvatore Fabio Nicolosi01 May 2024English
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migration · border · mobility
Academic publicationMigration and foreign nationals lawEuropean Union

Rule of Law Challenges of ‘Algorithmic Discretion’ & Automation in EU Border Control

The article describes how ETIAS will profile visa-exempt third-country nationals through a screening rules algorithm to produce automated predictive risk assessments.

Amanda Musco Eklund30 August 2023English
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migration · border · mobility
Academic publicationMigration and foreign nationals lawSweden, Netherlands

A Requirement of Shame: On the Evolution of the Protection of LGB Refugees

This article traces how the difficulties faced by lesbian, gay and bisexual refugees in asylum procedures have evolved over time, with a particular focus on Sweden and the Netherlands.

Karin Åberg01 March 2023English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal / Refugee law

What Can Artificial Intelligence Do for Refugee Status Determination? A Proposal for Removing Subjective Fear

Niamh Kinchin; Davoud Mougouei authored the academic publication “What Can Artificial Intelligence Do for Refugee Status Determination? A Proposal for Removing Subjective Fear” in International Journal of Refugee Law, published on 2022-10-01.

Niamh Kinchin, Davoud Mougouei01 October 2022English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEuropean Union

The Pact on Migration and Asylum: Turning the European Territory into a Non-territory?

The article argues that the Pact on Migration and Asylum, particularly through pre-entry screening and new border procedures, develops policies aimed at deterritorialising EU territory while reinforcing externalisation.

Jean-Pierre Cassarino · Luisa Marin04 March 2022English
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migration · asylum · protection
Academic publicationMigration and foreign nationals lawGlobal / Refugee law

Rights Not Recognized: Applying the Right to Recognition as a Person before the Law to Pushbacks at International Borders

Delphine Rodrik authored the academic publication “Rights Not Recognized: Applying the Right to Recognition as a Person before the Law to Pushbacks at International Borders” in International Journal of Refugee Law, published on 2021-12-01.

Delphine Rodrik01 December 2021English
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migration · border · mobility
Academic publicationMigration and foreign nationals lawGlobal / Refugee law

Disproportionate Surveillance: Technology-Assisted and Automated Decisions in Asylum Applications in the EU?

Lina Jasmontaite-Zaniewicz and Júlia Zomignani Barboza examine the use of technology-assisted and automated decisions in EU asylum applications against the backdrop of the growing overlap between migration policy, border control, security and counter-terrorism.

Lina Jasmontaite-Zaniewicz · Júlia Zomignani Barboza01 March 2021English
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migration · return · detention
Academic publicationMigration and foreign nationals lawEurope / Migration law

Iker Barbero’s article in the European Journal of Migration and Law examines France’s reintroduction of internal…

Iker Barbero’s article in the European Journal of Migration and Law examines France’s reintroduction of internal border controls and the rights of migrants in transit.

Iker Barbero07 October 2020French
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