The Dawn of International Refugee Protection: States, Tacit Cooperation and Non-Extradition

Orchard, Phil

doi:10.1093/jrs/few014

Cited by 6 publications

(5 citation statements)

References 35 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Using international legal agreements, resolutions, and treaties related to a single norm offers one potential avenue, but such an approach is of limited use and generalizability. International institutionalization is not a necessary condition of international norms (Finnemore and Sikkink 1998, 900; see also Clapp and Swanston 2009;Orchard 2016). Such indicators may also be of limited use in assessing norm adoption over time, as a one-off vote on issue x in year t provides no insight on the norm in other years.…”

Section: Integrating Item-response Theory and International Norms Resmentioning

confidence: 99%

Reconciling the Theoretical and Empirical Study of International Norms: A New Approach to Measurement

Girard

2020

Am Polit Sci Rev

View full text Add to dashboard Cite

Despite extensive research on international norms, our approach to measurement has not kept pace with theoretical advancements. Existing research often relies on single indicators to facilitate cross-national analysis or employs case-study designs that provide greater nuance but restricted scope. Given these limitations, this note argues that item-response theory (IRT) provides a framework for strengthening the link between our theoretical understanding of norms and empirical measurement of norm adoption. In turn, I develop a modified Bayesian model with substantively informed dynamic priors. The proposed approach is evaluated with the lesbian, gay, and bisexual (LGB) equality norm, using 13 policies and laws across 196 countries (1990–2017). The results are broadly consistent with theoretical expectations while also providing new empirical evidence on the evolution of the norm across space and time. This note highlights the significant potential in greater interaction between both latent measurement approaches and scholarship on international norms.

show abstract

Section: Integrating Item-response Theory and International Norms Resmentioning

confidence: 99%

Reconciling the Theoretical and Empirical Study of International Norms: A New Approach to Measurement

Girard

2020

Am Polit Sci Rev

View full text Add to dashboard Cite

show abstract

“…Important work has explored the role of civil society groups and the United Nations High Commissioner for Refugee (UNHCR) in propagating refugee protection norms, 15 and the historical evolution of these norms. 16 But there remains a shortage of studies scrutinizing the complex and ambiguous status of refugee protection principles and the implications of this status for norm violation and evasion. This article addresses that gap, and contributes to calls for efforts to theorize the factors influencing state responses to displacement.…”

Section: Bridging Norm Dynamics and Refugee Studiesmentioning

confidence: 99%

Can’t be held responsible: Weak norms and refugee protection evasion

Coen

2019

International Relations

View full text Add to dashboard Cite

States have increasingly moved away from refugee protection, intensifying the vulnerability of refugees and asylum-seekers. Drawing on theories of norm dynamics within International Relations (IR), this article argues that departures from refugee protection can be partly explained by the weakness of the normative principles governing the treatment of individuals fleeing persecution. Ambiguities, diverging interpretations, and varying levels of codification complicate efforts to hold states accountable to a complex bundle of human rights standards surrounding refugee and asylum protection. These weaknesses in the international refugee regime bolster norm-evading behavior wherein governments deliberately minimize their obligations while claiming technical compliance. Drawing on an analysis of US refugee and asylum policies under the Trump administration, the article reveals how norm evasion and accountability challenges emerge in the context of ambiguous standards vis-à-vis non-refoulement, non-detention, non-penalization, non-discrimination, and refugee responsibility-sharing.

show abstract

“…The effect, and the intention, was to exclude impoverished migrants from entering Britain, whilst also granting executive power to the Home Secretary to deport aliens (Reinecke 2009;Feldman 2003b;Gungwu 1997;Gainer 1972). However, and in a clause whose significance remains debated by historians, the act also recognised a right of asylum for those migrants, pauper or not, who risked political or religious persecution abroad (Orchard 2017). This right to asylum remained in practice for a little under a decade, swept aside the day after the declaration of war with Germany in a spy fever that, as well as stimulating recurrent bouts of anti-German rioting, resulted in the passing of the 1914 Aliens Restriction Act (Kushner and Knox 1999).…”

Section: Access: Guests Of the Nationmentioning

confidence: 99%

“…The power to control migration matters was extended to not only control migrants at the borders, but also within Britain. In practice, the state acquired the right to prevent and limit the landing of immigrants, as well as to issue prohibited areas, to require immigrants to reside and remain within certain places and to deport whenever the state claimed that the domestic safety was endangered (Kushner and Knox 1999;Orchard 2017). In addition, an elaborate registration system was produced to collect and process information on foreigners on British territory.…”

Section: Access: Guests Of the Nationmentioning

confidence: 99%

The Paradox of the Alien Citizen? Access, Control and Entitlements of Belgian Refugees in Birmingham during the First World War

Vuyst

Myers

Gorp

2019

Journal of Refugee Studies

View full text Add to dashboard Cite

Britain’s liberal policy towards refugees has been their proud boast. However, from the 1880s to the 1920s, this developed into a restrictive and selective migration policy. During the First World War, 250,000 Belgian refugees arrived in Britain. Inquiring into the archives of the War Refugees Committee Birmingham and District on traces of these developments, a tension linked to the discussion on the allocation of social benefits could be established. This tension, which is referred to as the paradox of the ‘alien citizen’, is explored through the analysis of the access to Britain, the control on British territory and the entitlements of Belgian refugees to social benefits. It is argued that this seeming paradox was the outcome of process of state formation. It reveals how the presence of refugees challenged the British state with the question as to what extent one was responsible to provide for non-citizens, which is still a topical issue.

show abstract

The Dawn of International Refugee Protection: States, Tacit Cooperation and Non-Extradition

Cited by 6 publications

References 35 publications

Reconciling the Theoretical and Empirical Study of International Norms: A New Approach to Measurement

Reconciling the Theoretical and Empirical Study of International Norms: A New Approach to Measurement

Can’t be held responsible: Weak norms and refugee protection evasion

The Paradox of the Alien Citizen? Access, Control and Entitlements of Belgian Refugees in Birmingham during the First World War

Contact Info

Product

Resources

About