International Refugee Law and Policy: The case of deterrence policies
(2014) In Journal of Refugee Studies 27(4).- Abstract
- International refugee law is seen by many as constitutive for national refugee policy. Yet, as asylum has become politicized, many countries have adopted procedural and physical deterrence mechanisms to prevent refugees from accessing protection. The present article examines these policies, as well as the legal responses to them, as a critical case study for understanding the relationship between international law and refugee policy. Based on a theoretical triangulation of the dominant accounts of the interplay between international law and politics within liberal, realist and critical legal studies scholarship, it is argued that the two should rather be seen in a dialectic process of co-evolution. This speaks both to the continued power... (More)
- International refugee law is seen by many as constitutive for national refugee policy. Yet, as asylum has become politicized, many countries have adopted procedural and physical deterrence mechanisms to prevent refugees from accessing protection. The present article examines these policies, as well as the legal responses to them, as a critical case study for understanding the relationship between international law and refugee policy. Based on a theoretical triangulation of the dominant accounts of the interplay between international law and politics within liberal, realist and critical legal studies scholarship, it is argued that the two should rather be seen in a dialectic process of co-evolution. This speaks both to the continued power of international refugee law, but also to the instrumentalist approach of certain states trying to contest or circumvent their international legal commitments. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/2751881e-9a21-485e-b54a-7b96d860cac4
- author
- Gammeltoft-Hansen, Thomas LU
- organization
- publishing date
- 2014
- type
- Contribution to journal
- publication status
- published
- keywords
- international refugee law, migration control, deterrence, non-entrée, non-admission, transnational law and politics, liberal institutionalism, realism, critical legal studies
- in
- Journal of Refugee Studies
- volume
- 27
- issue
- 4
- pages
- 22 pages
- publisher
- Oxford University Press
- ISSN
- 0951-6328
- language
- English
- LU publication?
- yes
- id
- 2751881e-9a21-485e-b54a-7b96d860cac4
- alternative location
- http://jrs.oxfordjournals.org/content/27/4/574.full.pdf+html
- date added to LUP
- 2016-05-18 16:49:57
- date last changed
- 2018-11-21 21:23:48
@article{2751881e-9a21-485e-b54a-7b96d860cac4, abstract = {{International refugee law is seen by many as constitutive for national refugee policy. Yet, as asylum has become politicized, many countries have adopted procedural and physical deterrence mechanisms to prevent refugees from accessing protection. The present article examines these policies, as well as the legal responses to them, as a critical case study for understanding the relationship between international law and refugee policy. Based on a theoretical triangulation of the dominant accounts of the interplay between international law and politics within liberal, realist and critical legal studies scholarship, it is argued that the two should rather be seen in a dialectic process of co-evolution. This speaks both to the continued power of international refugee law, but also to the instrumentalist approach of certain states trying to contest or circumvent their international legal commitments.}}, author = {{Gammeltoft-Hansen, Thomas}}, issn = {{0951-6328}}, keywords = {{international refugee law; migration control; deterrence; non-entrée; non-admission; transnational law and politics; liberal institutionalism; realism; critical legal studies}}, language = {{eng}}, number = {{4}}, publisher = {{Oxford University Press}}, series = {{Journal of Refugee Studies}}, title = {{International Refugee Law and Policy: The case of deterrence policies}}, url = {{http://jrs.oxfordjournals.org/content/27/4/574.full.pdf+html}}, volume = {{27}}, year = {{2014}}, }