5) Refugees and Migrants Flashcards
What is the Copenhagen School’s concept of securitization, and how does Ralf Emmers apply it to international security?
(Hint: Focus on the process of securitization and its application to migration.)
Answer:
The Copenhagen School defines securitization as a process where an issue is framed as an existential threat, requiring extraordinary measures beyond normal political discourse. Ralf Emmers applies this concept to migration by examining how states use securitization to justify restrictive border policies and control measures.
Connection:
Emmers emphasizes the role of speech acts and political actors in constructing migration as a security threat, influencing public perception and policy priorities.
How do Léonard and Kaunert argue that refugee flows are linked to terrorism through securitization in the European Union?
(Hint: Consider the role of “association” in linking refugees to terrorism.)
Answer:
Léonard and Kaunert argue that securitization in the EU links refugee flows to terrorism through association, creating a narrative that portrays refugees as potential security threats. This justification is used to implement restrictive measures such as enhanced border surveillance and screening.
Connection:
The authors critique this approach for conflating humanitarian concerns with security, undermining refugee protection under international law.
What is the principle of non-refoulement, and how is it addressed in Vincent Chetail’s lecture on international law?
(Hint: Focus on Article 33 of the 1951 Refugee Convention and its customary status.)
Answer:
Non-refoulement prohibits states from returning individuals to territories where they face persecution or harm. Vincent Chetail highlights its recognition as a cornerstone of international refugee law and its customary international law status, applying beyond refugees to all individuals at risk of serious harm.
Text of Article 33(1), 1951 Refugee Convention:
“No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened.”
Connection:
Chetail emphasizes the non-derogable nature of non-refoulement, applying even in security contexts, challenging state practices like pushbacks.
What does Alice Edwards identify as the challenges to the implementation of international refugee law in contemporary contexts?
(Hint: Consider gaps in protection and state practices.)
Answer:
Alice Edwards highlights challenges such as restrictive border policies, inadequate burden-sharing among states, and the erosion of the refugee-migrant distinction. She critiques practices that undermine international refugee law, including externalized migration agreements and pushbacks.
Connection:
Edwards stresses the need to reinforce the 1951 Refugee Convention’s protections, emphasizing non-refoulement and fair asylum procedures.
How does the concept of institutional change affect the distinction between refugees and migrants, as discussed by Mourad and Norman?
(Hint: Refer to the politics of international protection.)
Answer:
Mourad and Norman argue that institutional change, driven by states’ migration management goals, has blurred the distinction between refugees and migrants. This shift undermines the protective intent of international refugee regimes, prioritizing economic and security concerns over rights-based protection.
Connection:
The authors emphasize the need to resist the erosion of the refugee-migrant distinction to uphold international refugee law and human rights.
How does Moreno-Lax critique the EU’s extraterritorial border controls in accessing asylum?
(Hint: Focus on the concept of “jurisdiction” and rights under EU law.)
Answer:
Moreno-Lax critiques the EU’s extraterritorial border controls for circumventing asylum seekers’ rights under international and EU law. She argues that practices such as offshore processing and interdiction blur jurisdictional boundaries, enabling states to evade legal responsibilities.
Connection:
Her work highlights how extraterritorial measures violate fundamental rights, including access to asylum and the principle of non-refoulement.
What is the role of speech acts in the securitization process, as explained in Emmers’ analysis?
(Hint: Focus on the Copenhagen School’s framework.)
Answer:
Speech acts are central to the securitization process, where political actors declare an issue as an existential threat. Emmers explains that these acts convince audiences of the need for extraordinary measures, transforming migration from a policy challenge into a security concern.
Connection:
This process underpins restrictive migration policies, justifying actions that may conflict with international human rights and refugee law.
What insights does Guy Goodwin-Gill provide on the evolution of international refugee law?
(Hint: Focus on the transition from ad hoc agreements to a universal framework.)
Answer:
Guy Goodwin-Gill traces the evolution of international refugee law from ad hoc agreements to the establishment of the 1951 Refugee Convention and its 1967 Protocol. He highlights the framework’s universality while noting contemporary challenges, such as restrictive state practices and inadequate burden-sharing.
Connection:
Goodwin-Gill emphasizes the importance of upholding the 1951 Convention’s protections amid pressures from securitization and migration management policies.
