Tan, Nikolas Feith --- "International models of deterrence and the future of access to asylum" [2019] ELECD 2036; in Juss, Singh Satvinder (ed), "Research Handbook on International Refugee Law" (Edward Elgar Publishing, 2019) 170

Book Title: Research Handbook on International Refugee Law

Editor(s): Juss, Singh Satvinder

Publisher: Edward Elgar Publishing

Section: Chapter 11

Section Title: International models of deterrence and the future of access to asylum

Author(s): Tan, Nikolas Feith

Number of pages: 12

Abstract/Description:

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.