Research Handbook on International Refugee Law
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Research Handbook on International Refugee Law

Edited by Satvinder Singh Juss

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Chapter 11: International models of deterrence and the future of access to asylum

Nikolas Feith Tan

Abstract

Access to asylum faces extraordinary pressure today in the developed world. Over the past three decades, developed states have introduced a range of deterrence policies to prevent asylum seekers reaching their territories or accessing national asylum systems. These policies are today widespread and sophisticated, the current era has been described as a ‘non-entrée regime’. Rather than forming an exception to the humanitarian nature of asylum policy, deterrence can today be understood as the dominant policy paradigm of states in the Global North. This chapter focuses on bilateral cooperation arrangements, while noting that cooperation between states at the multilateral and supranational level is also relevant. The chapter first outlines the emergence and practice of cooperative non-entrée policies. Secondly, the chapter addresses three key debates arising from cooperative non-entrée. While cooperative non-entrée policies face significant legal challenges, they are likely to endure and evolve. The key question then becomes how to ensure such policies respect the core principles of the refugee regime.

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