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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
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    References listed on IDEAS

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    1. 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.
    2. 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.
    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. Andrew W. Neal, 2009. "Securitization and Risk at the EU Border: The Origins of FRONTEX," Journal of Common Market Studies, Wiley Blackwell, vol. 47, pages 333-356, March.
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    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.

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