ABSTRACT
This conclusion presents some closing thoughts on the concepts covered in the preceding chapters of this book. The book explores a current aspect of migration law, externalization of border controls, a widespread practice both on a European and non-European level, and which, regarding the former, refers both to the European Union as a whole and to the individual Member States. It also explores whether outsourcing European States are responsible for human rights violations that arise as a consequence of such externalized migration controls and to determine the basis for their responsibility under international law. The book highlights some key issues, and at the same time, to propose a possible interpretation to some debated questions, such as the notion of jurisdiction under the European Convention on Human Rights (ECHR). The book draws on a topical example, the 2017 Italy-Libya Memorandum of Understanding – emblematic of the risk of human rights violations arising from externalization.
