The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy

Special issue in preparation for the UN Summit on Refugees and Migration, Journal of Migration and Human Security, Vol. 5(1), 2017

29 Pages Posted: 18 Aug 2021

See all articles by Thomas Gammeltoft-Hansen

Thomas Gammeltoft-Hansen

University of Copenhagen - MOBILE - Center of Excellence for Global Mobility Law

Nikolas Feith Tan

Danish Institute for Human Rights

Date Written: March 01, 2017

Abstract

This paper traces the rise of the deterrence paradigm, a refugee regime based on the principle of deterrence rather than human rights protection. It furthermore explores the array of measures that characterises deterrence policies that stymie the irregular arrival of asylum seekers and migrants. In the paper it is argued that the current paradigm is under threat, facing challenges to its legality from within refugee and human rights law; to its sustainability due to the increasing unhappiness of refugee-hosting states with current levels of “burden-sharing”; and to its effectiveness as direct and indirect costs of maintaining the regime mount. Finally, the paper puts forward three core principles that can lay the groundwork in the event of a paradigm shift: respect for international refugee law; meaningful burden-sharing; and a broader notion of refugee protection that encompasses livelihoods and increased preparedness in anticipation of future refugee flows.

Keywords: Human Rights, refugees, asylum, international law, migration control, deterrence policies

Suggested Citation

Gammeltoft-Hansen, Thomas and Tan, Nikolas Feith, The End of the Deterrence Paradigm? Future Directions for Global Refugee Policy (March 01, 2017). Special issue in preparation for the UN Summit on Refugees and Migration, Journal of Migration and Human Security, Vol. 5(1), 2017, Available at SSRN: https://ssrn.com/abstract=3877235

Thomas Gammeltoft-Hansen (Contact Author)

University of Copenhagen - MOBILE - Center of Excellence for Global Mobility Law ( email )

Karen Blixens Plads 16
Copenhagen, 2300
Denmark

HOME PAGE: http://mobilitylaw.ku.dk

Nikolas Feith Tan

Danish Institute for Human Rights

Wilders Plads 8K
Copenhagen K, 1403
Denmark

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