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Optimal discretion in asylum lawmaking

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  • Monheim-Helstroffer, Jenny
  • Obidzinski, Marie

Abstract

This paper develops a regulatory competition model to study whether and how refugee law should be centralized, and what are the consequences for refugees and for host countries. Varying refugee flows across countries lead some destinations to adopt strict measures. The resulting externality leads to a generalized "race to the bottom" of asylum law. Neither fixed nor minimum standard harmonization are found to be in the interest of both host countries. Especially the most popular destinations like EU border countries would suffer from losing discretion. However, minimum standards would benefit refugees and less popular destinations.

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Bibliographic Info

Article provided by Elsevier in its journal International Review of Law and Economics.

Volume (Year): 30 (2010)
Issue (Month): 1 (March)
Pages: 86-97

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Handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:86-97

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Web page: http://www.elsevier.com/locate/irle

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Keywords: Competition in law making Asylum law European law Flexible law Human rights;

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Cited by:
  1. Bertrand Crettez & Bruno Deffains & Olivier Musy, 2010. "On Legal Cooperation and the Dynamics of Legal Convergence," EconomiX Working Papers 2010-17, University of Paris West - Nanterre la Défense, EconomiX.
  2. Andrzej Baniak & Peter Grajzl, 2010. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," CESifo Working Paper Series 3085, CESifo Group Munich.
  3. Monheim, Jenny, 2007. "Strategic asylum law making in Europe: institutional locus," CSLE Discussion Paper Series 2007-02, Saarland University, CSLE - Center for the Study of Law and Economics.

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