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International Law and the EU
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Notes on International Law from First Year World Politics
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International Law and the UN• Mixed migration flows
• Methods of combating migration
o Deterrence- Australian model
▪ UK- limits ability to work
▪ Temporary status
▪ No evidence this works- death vs. risk of imprisonment
o Focus on smuggling
▪ Smuggling vs. trafficking
▪ Increased fines and punishments
o Offshore processing
o Psychological aspect of camps
▪ Nauru
• Nationalism
o Nation as “self”
o Creation of “exotic” or “dangerous” “other”- irreconcilable with us
o Identity politics and politics of “othering”
• Citizenship
o Legal expression of belonging to the state
o Connects the state to the individual through rights and responsibilities
o Organising principle for: goods, services, power
o What, then, happens to non-citizens?
• Dark side?
o Citizenship and nationalism are both deeply linked to democracy
o Introduces ideas of “deserving” and “undeserving”
▪ Protectionism
▪ Xenophobia
▪ Racism
▪ FEAR
▪ Link to realism- fear of unknown people, not state
• Asylum Law
o The right to seek asylum is a human right
▪ There is no right to receive protection, only to seek it
o Governed by UN High Commissioner for Refugees (UNHCR)
o 1951 Convention Relating to the Status of Refugees
o Different forms
▪ Refugee Status: resettlement or integration
▪ Temporary protection: camps, leave to remain
o Fundamentally, claim that country of origin has failed citizenship contract-
asking protection of another state
• International Law
o Operates under the principles of equality, sovereignty and state consent
▪ Realism vs. liberalism- does International Law apply? Or is it just a
smoke-screen?
▪ Rests on the consent of the state
• Signing treaty
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