Nora Markard Is It a Violation of the Right to Leave to Prevent Migrants from Crossing the Border to Another State?

Nora Markard is a Junior Professor for Public Law, International Law and Global Constitutionalism at the University of Hamburg. She studied Law and International Relations at the Humboldt University of Berlin, at the Pantheon-Sorbonne University Paris and at King’s College London. Her fields of research are international and constitutional law, comparative constitutionalism as well as migration law and legal gender studies. In 2010 she co-founded the Humboldt Law Clinic Human Rights at the Humboldt University of Berlin and runs the student-initiated Refugee Law Clinic Hamburg. Her doctoral thesis on war refugees was awarded the Humboldt Prize in 2012 and Marie Elisabeth Lüders Prize in 2013.

Area of Research

International Law, International Refugee Law, Human Rights, International Criminal Law

Nora Markard. Kriegsflüchtlinge: Gewalt gegen Zivilpersonen in bewaffneten Konflikten als Herausforderung für das Flüchtlingsrecht und den subsidiären Schutz. Tübingen: Mohr Siebeck, 2012.  
Nora Markard. "What’s in a Label? Transatlantic Reflections on Dignity and Health Insurance." In Human Dignity in Context: Explorations of a Contested Concept, edited by Dieter Grimm, Alexander Kemmerer and Christoph Möllers. Baden-Baden und Oxford: Nomos and Hart Publishing, 2016.  
Nora Markard. "Private but Equal? Why the Right to Privacy Will Not Bring Full Equality for Same-Sex Couples." In Order from Transfer: Projects and Problems of Comparative Constitutional Studies, edited by Günter Frankenberg. Cheltenham: Edward Elgar Publishing, 2013: 87-119.  

since 2014

Junior Professor for Public and International Law and Global Constitutionalism

University of Hamburg (Universität Hamburg) (more details)

Head of the Refugee Law Clinic Hamburg


Guest Professor for International and Public Law

University of Hamburg (Universität Hamburg) (more details)


Visiting Fellow

Columbia University, New York

Columbia Law School


Research Associate

University of Bremen (Universität Bremen)

Collaborative Research Center 597 "Transformations of the State"


Visiting Scholar

University of Michigan

University of Michigan Law School


Research Fellow

Humboldt University of Berlin (Humboldt-Universität zu Berlin)

Chair for Public Law and Gender Studies


Research Fellow

Humboldt University of Berlin (Humboldt-Universität zu Berlin)

Chair for Public Law and Gender Studies


Research Assistant

Free University of Berlin (Freie Universität Berlin)

Institute for the Sociology of Law


PhD in Law

Humboldt University of Berlin (Humboldt-Universität zu Berlin)

"Herausforderungen an die Flüchtlingskonvention: Gewalt gegen die Zivilbevölkerung in 'neuen Kriegen'"


Second State Exam in Law

AIRE Centre, London


Master in International Peace and Security

King’s College, London


First State Exam in Law

Free University of Berlin (Freie Universität Berlin)

- European Commission on Sexual Orientation Law

- Foundations of Forced Migration Studies

- Gender Studies Association (Fachgesellschaft Geschlechterstudien)

- German Woman Lawyers Association

- International Law Blog (Völkerrechtsblog)

- Law Journal "Kritische Justiz"

- Migration Law Network (Netzwerk Migrationsrecht)

- Wissenschaftskolleg Berlin


- Marie Elisabeth Lüders Research Prize (2013)

- Humboldt Prize of the Humboldt University (2012)

- Shortlisted for the Deutscher Studienpreis (2012)


- Postdoc Research Scholarship, German Academic Exchange Service (DAAD) (2012-2013)

- PhD Scholarship, Friedrich-Ebert-Stiftung (2005-2008)

- Funding for PhD Publication, German Ministry of the Interior, FAZIT Foundation (2012)

© Merlin Senger

University of Hamburg (Universität Hamburg)

Hamburg, Germany

Universität Hamburg is the largest institution for research and education in the north of Germany. As one of the country's largest universities, we offer a diverse course spectrum and excellent research opportunities. The University boasts numerous interdisciplinary projects in a broad range of subjects and an extensive partner network with leading institutions on a regional, national and international scale. Universität Hamburg offers approximately 170 degree programs in the following eight faculties: Faculty of Law; Faculty of Business, Economics and Social Sciences; Faculty of Medicine; Faculty of Education; Faculty of Humanities; Faculty of Mathematics, Informatics and Natural Sciences; Faculty of Psychology and Human Movement; Faculty of Business Administration (Hamburg Business School). The University was founded in 1919 by local citizens. Important founding figures include Senator Werner von Melle and the merchant Edmund Siemers. (Source: University of Hamburg)


Faculty of Law

"Universität Hamburg, the first democratically founded university in Germany, has had a law faculty since it was established in 1919. From the beginning, the Faculty of Law at Universität Hamburg has had a strong international law focus. We are the first law faculty in Germany to offer a structured, international doctoral program in the Albrecht Mendelssohn Bartholdy Graduate School of Law. Due to our expertise in the area of international law, the Faculty of Law at Universität Hamburg is now the consortium leader for the China-EU School of Law." (Source)


The research presented in this video looks into the rightfulness of engaging other states in the protection of EU borders. This happens when EU member states cooperate with the migrants’ countries of origin or transit countries in order to hinder refugees from crossing the border, e.g. by providing training or boats for border patrols. As NORA MARKARD explains, one central finding is that when a EU state outsources migration control it still remains liable for possible human rights violations that happen during border protection measures – even if carried out by a third state. Furthermore, she elucidates that preventing somebody from leaving a country only in a specific way or direction is still an interference with the human right to leave.

LT Video Publication DOI:

The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries

  • Nora Markard
  • European Journal of International Law
  • Published in 2016
Nora Markard. "The Right to Leave by Sea: Legal Limits on EU Migration Control by Third Countries." European Journal of International Law (2016): 591-616. doi:10.1093/ejil/chw034.