The Limits of Transnational Law - Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union

THE LIMITS OF TRANSNATIONAL LAW - REFUGEE LAW, POLICY HARMONIZATION AND JUDICIAL DIALOGUE IN THE EUROPEAN UNION, G. Goodwin-Gill and H. Lambert, eds., Cambridge University Press, 2010

Posted: 26 Apr 2010

See all articles by Guy S. Goodwin-Gill

Guy S. Goodwin-Gill

University of Oxford - Faculty of Law

Hélène Lambert

University of Technology Sydney

Date Written: March 15, 2010

Abstract

State authority and power have become diffused in an increasingly globalised world characterised by the freer trans-border movement of people, objects, and ideas. As a result, some international law scholars believe that a new world order based on a complex web of transnational networks.

Such a transnational legal order requires sufficient dialogue between national courts. This book explores the prospects for a transnational legal order in the context of refugee law in Europe, focusing on a key aspect of transnational judicial dialogue, namely the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states. The case studies reveal that judges rarely use each others’ decisions within the EU. The book points to a mix of rational and cultural factors that explain this outcome. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.

Suggested Citation

Goodwin-Gill, Guy S. and Lambert, Hélène, The Limits of Transnational Law - Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union (March 15, 2010). THE LIMITS OF TRANSNATIONAL LAW - REFUGEE LAW, POLICY HARMONIZATION AND JUDICIAL DIALOGUE IN THE EUROPEAN UNION, G. Goodwin-Gill and H. Lambert, eds., Cambridge University Press, 2010, Available at SSRN: https://ssrn.com/abstract=1596103

Guy S. Goodwin-Gill

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

Hélène Lambert (Contact Author)

University of Technology Sydney ( email )

Sydney
Australia

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