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International Refugee Law and Policy: The case of deterrence policies

Gammeltoft, Thomas LU (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:
author
organization
publishing date
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
2016-11-28 15:25:52
@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, Thomas},
  issn         = {0951-6328},
  keyword      = {international refugee law,migration control,deterrence,non-entrée,non-admission,transnational law and politics,liberal institutionalism,realism,critical legal studies},
  language     = {eng},
  number       = {4},
  pages        = {22},
  publisher    = {Oxford University Press},
  series       = {Journal of Refugee Studies},
  title        = {International Refugee Law and Policy: The case of deterrence policies},
  volume       = {27},
  year         = {2014},
}