Surveying the Law

Guttry, A. De

doi:10.1007/978-90-6704-882-8_1

Cited by 7 publications

(1 citation statement)

References 9 publications

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“…56 Thus, no deal such as the EU Turkey one could easily be made with Libya, though undoubtedly that was the preference of a number of policy makers (instead Italy and Libya made arrangements bilaterally). 57 Hotspots and relocation were legally based on the solidarity clause in the EU Treaties but no effective remedy was included for refugees when their right to non-refoulement guaranteed by the UN Refugee Convention, 58 the Convention against Torture, 59 and the European Convention on Human Rights 60 was at risk. Further, academic opinion regarding the safety of Turkey as a country of asylum for Syrian refugees has been overwhelmingly negative.…”

Section: Playing Out the (In)security Continuummentioning

confidence: 99%

International Law and European Migration Policy: Where Is the Terrorism Risk?

Bigo

Guild

2019

Laws

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This article examines how international law in form of treaties deals with the intersection of the three concepts. Our hypothesis is that international law, in the form of treaties, has been reluctant to engage with national security when dealing with migration, leaving this to national law. Instead, the intersection of national security—most commonly in the form of concerns about terrorism and migration—takes place in political discourse, which acts as a passerelle for various types of state violence against people classified or suspected of being migrants. We examine this mechanism that we call an insecurity continuum driven by the politics of fear in a European context. This is a politics that takes place outside of international law but has the effect of limiting access by individuals to international law protections, particularly in the case of people who claim international protection against persecution or torture.

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Section: Playing Out the (In)security Continuummentioning

confidence: 99%