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- All Subjects: International Law
- Creators: Calleros, Charles
- Creators: Depp, Oren
Description
Over the past decade, the United States and the European Union have adopted major changes to asylum policy and enforcement, specifically the increase of deterrence policies contrary to international asylum norms. The goal of this has been to reduce the pull factors towards the US and EU. Deterrence policies have largely been characterized by two main strategies: (1) deterrence at the border through stricter regulations and detention policies, and (2) deterrence through the creation of formal buffer zone countries between the asylum seekers’ countries of origin and the ultimate country of destination. These policies have been instituted in response to the spike in Central American asylum seekers at the US/Mexico border and Syrian asylum seekers at the Greece/Turkey border at the entrance of the EU. This paper compares these two separate geographic areas––the US and EU––due to their roles in the development of international law, their roles in the development and management of these crises, and the similar increase of asylum seekers in 2014-15. This paper also details the severity of the conditions in the asylee-sending areas––Central America and Syria––which are major “push factors” driving the crises. Finally, this paper explores the novel use of Mexico and Turkey as formal buffer zones by the United Staes and the European Union, respectively. The increase of deterrence policies culminating in the creation of formal buffer zones countries violates key principles of international asylum law, namely non-refoulement. These buffer zones must be redesigned proactively to better suit the realities of asylum in the 21st century.
ContributorsDooling, Maria Hana (Author) / Sivak, Henry (Thesis director) / Calleros, Charles (Committee member) / School of Molecular Sciences (Contributor) / School of Politics and Global Studies (Contributor, Contributor) / Barrett, The Honors College (Contributor)
Created2019-05
Description
The North Korean refugee crisis is a long-standing political issue that has persisted since the Korean War, resulting in thousands of North Koreans fleeing each year. However, despite its persistent nature, both the Chinese government and the international community have failed to alleviate systematic migratory issues resulting from Chinese policy towards the refugees. This essay aims to analyze Chinese policy towards the North Korean refugee crisis, specifically through its categorization of North Koreans as “economic migrants” rather than refugees. After reviewing both the conditions within North Korea that cause refugee flight and the pathways of escape through China, the paper shows that China is violating multiple parts of international refugee law as set up by the 1951 Refugee Convention, such as issues of non-refoulement and discrimination. Additionally, I argue that North Koreans are refugees in the traditional definition and refugees sur place. Similarly, this paper discusses the historical and political reasoning for Chinese policy towards refugees in the context of its economic and security relationship with the North Korean state, as well as the implications of the relationships for North Korean refugees. From this, the resilient nature of the crisis is established, as well as the notable security obstacles that must be navigated and incorporated in any feasible solutions. Finally, this paper proposes possible solutions to the crisis, such as moving away from “defector” terminology, linking international policy to refugee outcomes, structuring refugee law around global burden-sharing rather than regional prioritizations, and expanding the definition of refugee to more accurately reflect causes of displacement in Asia.
ContributorsDepp, Oren (Co-author, Co-author) / DeLargy, Pamela (Thesis director) / Suk, Mina (Committee member) / Historical, Philosophical & Religious Studies (Contributor) / School of Politics and Global Studies (Contributor) / Barrett, The Honors College (Contributor)
Created2020-05