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University of Michigan Law School

Treaties

Immigration Law

2015

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Full-Text Articles in Law

Non-Refoulement In A World Of Cooperative Deterrence, James C. Hathaway, Thomas Gammeltoft-Hansen Jan 2015

Non-Refoulement In A World Of Cooperative Deterrence, James C. Hathaway, Thomas Gammeltoft-Hansen

Articles

Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical responsibilities under that regime, wealthier countries have embraced the politics of non-entrée, comprising efforts to keep refugees away from their territories but without formally resiling from treaty obligations. As the early generation of non-entrée practices — visa controls and carrier sanctions, the establishment of “international zones,” and high seas deterrence — have proved increasingly vulnerable to practical and legal challenges, new forms of non-entrée predicated ...