While refugee camps are widely recognised as sites of egregious human rights violations, the specific legal dynamics underpinning them remain underexplored. Additionally, spatial analyses have been neglected in legal work on encampment,...
moreWhile refugee camps are widely recognised as sites of egregious human rights violations, the specific legal dynamics underpinning them remain underexplored. Additionally, spatial analyses have been neglected in legal work on encampment, despite the location of camps being integral to governing such spaces. The dissertation therefore asks: What is the role of space and law in the regulation of refugee camps in Europe? The research adopts a critical legal geography framework, viewing law and space as mutually constitutive products of social relations. Methodologically, the thesis employs a most-different case study analysis, comparing the informal, makeshift camps in Calais (France), with the state-run CETI reception centre in Melilla (Spain). It advocates for mapping law, using desk research to examine legal documents in their context by reconstructing the legal framework from the material site of the camp upwards, rather than from legislation down. This uncovers the patchwork of legal tools governing refugee encampment today. The thesis is split into two empirical parts. First, the Calais camps are analysed, exploring in particular the involvement of public authorities in this “informal” space, before describing the eviction policy applied to these camps, and concluding with a chapter on the restrictions on access to the camps to third parties. The second part is dedicated to the CETI of Melilla: it considers the legal basis of the CETI, the restrictions of freedom of movement imposed on people accommodated there, before turning to the understudied issue of the link between encampment and border procedures. The thesis finds that public authorities are intimately involved in the regulation of both formal and informal camps. In Calais, authorities actively control the camps’ location, design, size and access; while resisting formalisation, which allows them to skirt positive obligations regarding living conditions. The CETI of Melilla operates under an ambiguous, ad hoc legal regime outside the pre-existing reception system for international protection. This limits residents’ recourse to legal remedies and dignified reception conditions. Beyond humanitarian efforts, encampment is therefore a core component of border control. In sum, refugee camps are characterised by shadow regulation, composed of two mutually-reinforcing elements. First, legal informality is achieved through a marked preference for executive and administrative acts, soft law and emergency legislation over parliamentary statutes and hard law. This creates an ad hoc, perpetually experimental legal framework that evolves rapidly. It facilitates the creation of a powerful, yet legally elusive, modality of power and control. Secondly, authorities make full use of spatial governmentality, regulating behaviour through the regulation of space. This naturalises the camp as a distinct legal space, justifying the suspension of ordinary legal frameworks. This combination grants authorities significant, flexible control while sidelining judicial oversight and rendering legal remedies for residents exceptionally challenging to access. This allows them not only to control people on the move living in camps, but also those assisting them. Forms of legal regulation such as spatial dispersion (Calais) and concentration (Melilla) likewise function through law. The thesis makes several academic contributions. First, it provides a thick description of encampment in Europe, qualifying what has been referred to generally as “exceptionality” by reconstructing legal frameworks regulating encampment. It provides alternatives to doctrinal approaches to migration law by exploring the primacy of spatial analyses and cautions against reifying oversimplified distinctions between the legal systems of the global North and the Global South. By applying a critical legal geography to empirical legal studies to map law, the project demonstrates the value of micro-scale, inductive legal analysis for understanding the assemblages and enforcement of law on the ground.