Jump to ContentJump to Main Navigation
Refuge beyond ReachHow Rich Democracies Repel Asylum Seekers$
Users without a subscription are not able to see the full content.

David Scott FitzGerald

Print publication date: 2019

Print ISBN-13: 9780190874155

Published to Oxford Scholarship Online: March 2019

DOI: 10.1093/oso/9780190874155.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 22 July 2019

The North American Moat

The North American Moat

Chapter:
(p.71) Chapter 5 The North American Moat
Source:
Refuge beyond Reach
Author(s):

David Scott FitzGerald

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190874155.003.0005

The U.S. Coast Guard intercepted more than a quarter of a million migrants, including an unknown number of refugees, between 1982 and 2015. Practices developed by the United States to stop Haitians were then copied to prevent Chinese asylum seekers from crossing the Pacific. The 1993 Sale decision by the U.S. Supreme Court to allow refoulement on the high seas still stands. The fact that there are screenings at all, whatever their serious inadequacies, is evidence of diffuse international pressure articulated through the U.S. State Department and the influence of civil society. The Canadian government flirted with maritime refoulement but was constrained by greater deference to international law and the concern that openly flouting it would potentially damage Canada’s international reputation. The United States is a world leader in defining military bases strewn across the globe as territories under its control but not its sovereignty and thus spaces where asylum seekers have limited rights.

Keywords:   migrant interdiction, Coast Guard, territoriality, Golden Venture, Haiti, shout test, non-refoulement, Sale v. Haitian Centers Council

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .