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Privatisation of Immigration Control through Carrier Sanctions: The Role of Private Transport Companies in Dutch and British Immigration Control [Hardback]

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Privatisation of Immigration Control through Carrier Sanctions: The Role of Private Transport Companies in Dutch and British Immigration ControlPalielināt
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Permanent link: https://www.kriso.lv/db/9789004290730.html
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Author Sophie Scholten presents students, academics, and researchers with an examination of the contemporary role played by private transportation companies in the current immigration control in the UK and The Netherlands. The author has organized the main body of her text in ten chapters devoted to the Carrier Sanctions, a theoretical exploration of enlisting carriers in immigration control, the development of carriers’ liability legislation and policy in The Netherlands, and a wide variety of other related subjects. The author is a faculty member of Radboud University, The Netherlands. Annotation ©2015 Ringgold, Inc., Portland, OR (protoview.com)

Sophie Scholten describes the development of carrier sanctions regimes in the Netherlands and the United Kingdom, from the 1980s and assesses the effects of carrier sanctions policies on relationships between the actors involved: immigration authorities, private carriers and passengers.

Recenzijas

[ G]iven the ongoing concerns over immigration in contemporary political and public debate, as well as the increasingly strict legislative and policy responses in this domain, [ this] book could not have come at a better time. Its rich descriptive and empirical findings point out that in the realm of immigration control, the way in which law and policy are employed in practice has real implications not only for those carrying out the measures, but certainly also for those subject to them. Given continuous developments in this area Scholtens unique and topical publication is a valuable and timely contribution to the literature on immigration control and border securitization and provides ample basis for further descriptive, empirical and normative inquiry."

Patrick van Berlo, PhD candidate, Institute for Criminal Law and Criminology, Leiden Law School, in: Common Law Market Review

1 Introduction to `Carrier Sanctions'
1(20)
1.1 Introduction
2(1)
1.2 Old and New Carrier Sanctions Policies
3(2)
1.3 Research Focus and Questions
5(6)
1.4 Research Methods and Considerations
11(8)
1.5 Structure of the Book
19(2)
2 Enlisting Carriers in Immigration Control: A Theoretical Exploration
21(23)
2.1 Theoretical Introduction
21(1)
2.2 Characterising Carrier Involvement: Third-party Liability, Third-party Policing
22(2)
2.3 Why Governments Delegate Tasks: Exploring `Shifts in Governance'
24(6)
2.4 Where Carrier Sanctions Policies are Situated
30(6)
2.5 How Carriers are Involved in Immigration Control
36(6)
2.6 Theoretical Notions in Analysing Carrier Sanctions Policies in the Netherlands and the UK, a Complex Matter in Which Context Matters
42(2)
3 The Netherlands: Development of Carriers' Liability Legislation and Policy
44(27)
3.1 Introduction
44(1)
3.2 Carrier Obligations in the Aliens Act 1965 and Subsequent Developments
45(3)
3.3 Changes to the Aliens Act: Duty of Care
48(4)
3.4 Transcript Duty
52(5)
3.5 Forwarding Passenger Data
57(5)
3.6 Sanctions for Carriers I: Re-Transportation and Recouping Costs
62(5)
3.7 Sanctions for Carriers II: Criminal Sanctions
67(2)
3.8 Conclusion
69(2)
4 The United Kingdom: Developments in Carriers' Liability Legislation in UK Law
71(20)
4.1 Introduction
71(1)
4.2 Immigration Act 1971
72(1)
4.3 Immigration (Carriers' Liability) Act 1987
73(3)
4.4 Immigration and Asylum Act 1999: Introducing the Civil Penalty Regime
76(3)
4.5 Development of the Civil Penalty
79(2)
4.6 Sanctions for Carriers and the Waiving of Fines
81(3)
4.7 The Position of Carriers' Liability and the Civil Penalty in UK Immigration Control
84(1)
4.8 `Upstream' Measures and Tasks for Carriers: Passenger Information and E-Borders
85(4)
4.9 Conclusion
89(2)
5 International and European Legislative Framework
91(26)
5.1 Introduction
91(1)
5.2 International Cooperation in Civil Aviation: The Chicago Convention
91(5)
5.3 The Schengen Agreement and the Convention Implementing the Schengen Agreement
96(4)
5.4 European Attention for Carrier Sanctions
100(1)
5.5 Council Directive 2001/51/EC Harmonising Carriers' Liability Penalties
101(5)
5.6 Directive 2004/82: Obligation of Carriers to Communicate Passenger Data
106(7)
5.7 Developing Measures for Carriers
113(1)
5.8 Conclusion
114(3)
6 Carrier Sanctions in a System of Measures
117(29)
6.1 Stimulating Compliance: Training and Information
117(4)
6.2 Advising Carriers: ILOS, ALOS and ILMS
121(16)
6.3 More Pre-boarding Measures: Juxtaposed Controls
137(3)
6.4 Monitoring Carriers after the Fact: Transcript Duty, Gate Checks and CCTV
140(3)
6.5 Conclusion
143(3)
7 The Relationship Between Carriers and the Dutch Government
146(47)
7.1 Introduction
146(1)
7.2 Implementing the Carrier Sanctions Regime in the Netherlands
147(2)
7.3 A New Policy Instrument: A Gendemen's Agreement with KLM
149(17)
7.4 Cooperation with Other Airlines
166(15)
7.5 Imposing Carrier Sanctions on Shipping Companies in the Netherlands
181(4)
7.6 Ongoing and New Discussions
185(4)
7.7 Cooperation between Carriers and Dutch Authorities: Various Strategies
189(4)
8 The Relationship between Carriers and Government in the UK
193(51)
8.1 Introduction
193(1)
8.2 Implementing the ICLA in the UK
193(6)
8.3 A Developing Relationship between Airlines and Immigration Authorities
199(15)
8.4 The Carriers' Liability Regime for Shipping
214(8)
8.5 Clandestine Passengers and Road Hauliers
222(7)
8.6 Increasing Liability for Tunnel Operators
229(8)
8.7 Cooperation in the UK: Multiple Actors and Multiple Interests
237(7)
9 The Effect of Carrier Sanctions Policies on the Relationship between the Passenger and the State and the Passenger and Private Carriers
244(26)
9.1 Introduction
244(1)
9.2 Carrier Sanctions and the Relationship between the Passenger and the State
245(13)
9.3 Changing Borders and their Consequences for Passengers
258(3)
9.4 Private Carriers and Individual Passengers: From Clients to Doubtful Travellers?
261(5)
9.5 Passengers as Passive Victims of Immigration Policy?
266(2)
9.6 Concluding Remarks on the Relationship with the Passenger
268(2)
10 The Consequences of Involving Private Carriers in Immigration Control for the Relationship between State, Carriers and Passengers
270(21)
10.1 Introduction
270(1)
10.2 The Development of Carrier Sanctions Policies in the Netherlands and the United Kingdom
271(3)
10.3 Changing Relationships: The Passenger, the State and the Carrier
274(4)
10.4 The Relationship between the State and the Carrier
278(9)
10.5 Final Remarks
287(4)
Bibliography 291(19)
Index 310
Sophie Scholten, Ph.D (2014) Radboud University Nijmegen, is a lecturer and researcher at the Dutch Police Academy. She has published various articles on carrier sanctions and the role of private transport companies in immigration control.