The UNHCR asylum regime, implemented in the 1950s in response to the displacement of people in Europe, must now respond to asylum as a global and ongoing phenomenon. A new paradigm is emerging within the European Union that seeks to define the right of asylum within broader economic and security objectives. Within this paradigm, EU asylum policies contain their own contradiction, seeking both to expand the forms of persecution to account for changing global contexts and limit those deserving asylum by defining groups of clear cases of persecution, in effect removing discretion on an individual basis. In the balance, asylum-seekers are increasingly viewed as criminal, to be kept off of the territory and outside of the “public space.” Through an analysis of the legal and judicial developments of asylum in the EU and the UK, as a member state, this study seeks to understand the right to asylum as embedded within a cosmopolitics of layered legal authority that supports the broader neo-liberal economic order.
ASJC Scopus subject areas
- Sociology and Political Science