What is asylum? More than protection, less than citizenship
Bibliographic Data
| ID | 6249697 |
|---|---|
| Authors | Nanda Oudejans (Department of Jurisprudence University of Amsterdam Amsterdam The Netherlands, corresponding author) |
| Year | 2020 |
| Volume | 27 |
| Issue | 3 |
| Pages | 524-539 |
| Publication date | 2020-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Constellations (JOURNAL) |
| Journal identifiers | ISSN: 1351-0487 • E-ISSN: 1467-8675 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/1467-8675.12521 |
| OpenAlex | W3040449220 |
| Language | EN |
| Citations received | 3 |
| References cited | 45 |
Increasingly, States implement extraterritorial asylum policies that seek to keep recognized refugees safe in the region of origin or transit. With policies that offer protection elsewhere the meaning and purpose of asylum is in need of serious rethinking. In this article, I conceptually clarify the normative notion of asylum. First, I will demonstrate how in the history and theory of international refugee law protection has taken precedence over asylum. Whereas protection is typically understood as protection from refoulement, the concept of asylum is theoretically underexposed in law. Second, I will discuss the understanding of asylum as the conferral of new citizenship in normative theories on refugees. I will then make the case that both protection and citizenship are problematic in conceptualizing asylum. Drawing on the drafting histories of the 1951 Refugee Convention and the two subsequent Statelessness Conventions as well as on Arendt’s reflections on the spatiality of the law, this article elaborates the notion of an unplaced person as a new searchlight to understand the predicament of the refugee and to rethink asylum. I will make the case that asylum is more than protection as legal scholars commonly assume and less than citizenship as political philosophers tend to believe. Instead I suggest that asylum is to be properly understood as a legal place of one’s own where protection can be enjoyed anew
Citizenship · Development economics · Economic growth · Economics · General partnership · Political science · Politics · Refugee · European Criminal Justice and Data Protection · Law · Migration, Health and Trauma · Migration, Refugees, and Integration
Asylia
The Political Value of Time
The Refugee in International Law
Being Here
Rightlessness in an Age of Rights
The Rights of Others
Rethinking Asylum
Refugees and the Ethics of Forced Displacement
The Rights of Refugees under International Law
Emergency Politics
Europe and Extraterritorial Asylum
Seeking Asylum at Embassies
Australian and Israeli Agreements for the Permanent Transfer of Refugees
Cities and plural understandings of human rights
Seeking Refuge
Refugee Rights
Frontier Cities
International Refugee Protection
Cities of Refuge
Give and take
Beyond the ethics of admission
The Convention Relating to the Status of Stateless Persons
Temporary Protection of Refugees
Refugee Protection and Burden‐Sharing in the European Union
The origins of totalitarianism
Spheres of Justice
Aliens and Citizens
Reconsidering US Immigration Reform
Undocumented Migrants
The Ethics of Immigration
Going Public
The ethics of refugees
On Cosmopolitanism and Forgiveness
| Unique citing works | 3 |
|---|---|
| Citations per year | 0,6 |
| Citation span | 2021 - 2026 (6) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 3 |