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Optimal discretion in asylum lawmaking

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Author Info

  • Jenny Monheim-Helstroffer

    () (CREA - Center for Research in Economic Analysis - Université du Luxembourg)

  • Marie Obidzinski

    () (CRESE - Centre de REcherches sur les Stratégies Economiques - Université de Franche-Comté : EA)

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

Paper provided by HAL in its series Post-Print with number hal-00447157.

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Date of creation: Mar 2010
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Publication status: Published, International Review of Law and Economics, 2010, 30, 1, 86-97
Handle: RePEc:hal:journl:hal-00447157

Note: View the original document on HAL open archive server: http://hal.archives-ouvertes.fr/hal-00447157/en/
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Keywords: Competition in law making ; Asylum law ; European law ; Flexible law ; Human rights;

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References

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Citations

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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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