IDEAS home Printed from https://ideas.repec.org/a/gam/jlawss/v8y2019i4p30-d288165.html
   My bibliography  Save this article

International Law and European Migration Policy: Where Is the Terrorism Risk?

Author

Listed:
  • Didier Bigo

    (Sociology/Sciences Po Paris, 75007 Paris, France)

  • Elspeth Guild

    (Law, Queen Mary, University of London, London WC1E 7HU, UK)

Abstract

This article examines how international law in form of treaties deals with the intersection of the three concepts. Our hypothesis is that international law, in the form of treaties, has been reluctant to engage with national security when dealing with migration, leaving this to national law. Instead, the intersection of national security—most commonly in the form of concerns about terrorism and migration—takes place in political discourse, which acts as a passerelle for various types of state violence against people classified or suspected of being migrants. We examine this mechanism that we call an insecurity continuum driven by the politics of fear in a European context. This is a politics that takes place outside of international law but has the effect of limiting access by individuals to international law protections, particularly in the case of people who claim international protection against persecution or torture.

Suggested Citation

  • Didier Bigo & Elspeth Guild, 2019. "International Law and European Migration Policy: Where Is the Terrorism Risk?," Laws, MDPI, vol. 8(4), pages 1-18, November.
    • Handle: RePEc:gam:jlawss:v:8:y:2019:i:4:p:30-:d:288165
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2075-471X/8/4/30/pdf
    Download Restriction: no
    File URL: https://www.mdpi.com/2075-471X/8/4/30/
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Andrew W. Neal, 2009. "Securitization and Risk at the EU Border: The Origins of FRONTEX," Journal of Common Market Studies, Wiley Blackwell, vol. 47(2), pages 333-356, March.
    2. Arne Niemann & Natascha Zaun, 2018. "EU Refugee Policies and Politics in Times of Crisis: Theoretical and Empirical Perspectives," Journal of Common Market Studies, Wiley Blackwell, vol. 56(1), pages 3-22, January.
    3. Jef Huysmans & Alessandra Buonfino, 2008. "Politics of Exception and Unease: Immigration, Asylum and Terrorism in Parliamentary Debates in the UK," Political Studies, Political Studies Association, vol. 56(4), pages 766-788, December.
    4. Jef Huysmans & Alessandra Buonfino, 2008. "Politics of Exception and Unease: Immigration, Asylum and Terrorism in Parliamentary Debates in the UK," Political Studies, Political Studies Association, vol. 56, pages 766-788, December.
    5. repec:bla:jcmkts:v:47:y:2009:i::p:333-356 is not listed on IDEAS
    Full references (including those not matched with items on IDEAS)

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Margarita Fourer & Natalie Dietrich Jones & Yusuf Ciftci, 2020. "Offshore Processing Arrangements: Effect on Treaty Ratifications of Receiving States," Laws, MDPI, vol. 9(4), pages 1-40, October.

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Michelle L. James & Rachel Forrester-Jones, 2022. "Human-Centred Design in UK Asylum Social Protection," Social Sciences, MDPI, vol. 11(9), pages 1-22, August.
    2. Hillman, Arye L. & Long, Ngo V., 2018. "Policies and prizes," European Journal of Political Economy, Elsevier, vol. 54(C), pages 99-109.
    3. Max Steuer, 2022. "The Extreme Right as a Defender of Human Rights? Parliamentary Debates on COVID-19 Emergency Legislation in Slovakia," Laws, MDPI, vol. 11(2), pages 1-19, February.
    4. Christine Hackenesch & Julian Bergmann & Jan Orbie, 2021. "Development Policy under Fire? The Politicization of European External Relations," Journal of Common Market Studies, Wiley Blackwell, vol. 59(1), pages 3-19, January.
    5. Trym N. Fjørtoft, 2022. "More power, more control: The legitimizing role of expertise in Frontex after the refugee crisis," Regulation & Governance, John Wiley & Sons, vol. 16(2), pages 557-571, April.
    6. Anne-Marie Jeannet & Tobias Heidland & Martin Ruhs, 2021. "What asylum and refugee policies do Europeans want? Evidence from a cross-national conjoint experiment," European Union Politics, , vol. 22(3), pages 353-376, September.
    7. Athina Economou & Christos Kollias, 2024. "The 2015 Refugee Crisis and Institutional Trust in European Countries," Social Indicators Research: An International and Interdisciplinary Journal for Quality-of-Life Measurement, Springer, vol. 173(2), pages 377-396, June.
    8. Prömel, Christopher, 2023. "Belonging or estrangement—The European Refugee Crisis and its effects on immigrant identity," European Journal of Political Economy, Elsevier, vol. 78(C).
    9. Balázs Szent-Iványi & Bernhard Reinsberg & Simon Lightfoot, 2019. "Small Donors in World Politics: The Role of Trust Funds in the Foreign Aid Policies of Central and Eastern European Donors," The European Journal of Development Research, Palgrave Macmillan;European Association of Development Research and Training Institutes (EADI), vol. 31(3), pages 663-683, July.
    10. Richard Youngs & Özge Zihnioğlu, 2021. "EU Aid Policy in the Middle East and North Africa: Politicization and its Limits," Journal of Common Market Studies, Wiley Blackwell, vol. 59(1), pages 126-142, January.
    11. Prömel, Christopher, 2021. "Belonging or estrangement: The European refugee crisis and its effects on immigrant identity," Discussion Papers 2021/16, Free University Berlin, School of Business & Economics.
    12. Michael Merlingen, 2011. "From Governance to Governmentality in CSDP: Towards a Foucauldian Research Agenda," Journal of Common Market Studies, Wiley Blackwell, vol. 49(1), pages 149-169, January.
    13. Rocco Bellanova & Marieke de Goede, 2022. "Co‐Producing Security: Platform Content Moderation and European Security Integration," Journal of Common Market Studies, Wiley Blackwell, vol. 60(5), pages 1316-1334, September.
    14. Gemma Bird & Jelena Obradovic‐Wochnik & Amanda Russell Beattie & Patrycja Rozbicka, 2021. "The ‘Badlands’ of the ‘Balkan Route’: Policy and Spatial Effects on Urban Refugee Housing," Global Policy, London School of Economics and Political Science, vol. 12(S2), pages 28-40, April.
    15. Petros Xepapadeas & Ioannis Mourtos, 2022. "Refugee allocation mechanisms: theory and applications for the European Union," Operational Research, Springer, vol. 22(4), pages 4557-4584, September.
    16. Christopher Prömel, 2022. "Belonging or Estrangement – The European Refugee Crisis and its Effects on Immigrant Identity," SOEPpapers on Multidisciplinary Panel Data Research 1160, DIW Berlin, The German Socio-Economic Panel (SOEP).
    17. Stefan Borg & Thomas Diez, 2016. "Postmodern EU? Integration between Alternative Horizons and Territorial Angst," Journal of Common Market Studies, Wiley Blackwell, vol. 54(1), pages 136-151, January.
    18. Danielly Sorato & Martin Lundsteen & Carme Colominas Ventura & Diana Zavala-Rojas, 2024. "Using word embeddings for immigrant and refugee stereotype quantification in a diachronic and multilingual setting," Journal of Computational Social Science, Springer, vol. 7(1), pages 469-521, April.
    19. Bilgic, A. & Gasper, D.R. & Wilcock, C.A., 2020. "A necessary complement to human rights: a human security perspective on migration to Europe," ISS Working Papers - General Series 128107, International Institute of Social Studies of Erasmus University Rotterdam (ISS), The Hague.
    20. Said TOPAL & Branislav Radeljic, 2023. "Does “Fortress Europe” have an alternative? EU member states between solidarity and national interests," Eastern Journal of European Studies, Centre for European Studies, Alexandru Ioan Cuza University, vol. 14, pages 79-103, June.

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jlawss:v:8:y:2019:i:4:p:30-:d:288165. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.