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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.

Suggested Citation

  • Monheim-Helstroffer, Jenny & Obidzinski, Marie, 2010. "Optimal discretion in asylum lawmaking," International Review of Law and Economics, Elsevier, vol. 30(1), pages 86-97, March.
  • Handle: RePEc:eee:irlaec:v:30:y:2010:i:1:p:86-97
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    Cited by:

    1. 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.
    2. Jenny Monheim-Helstroffer & Marie Obidzinski, 2011. "The EU legislation game: the case of asylum law," Working Papers of BETA 2011-16, Bureau d'Economie Théorique et Appliquée, UDS, Strasbourg.
    3. Yuji Tamura, 2017. "Asylum providers: Hawks or Doves?," CEPR Discussion Papers 699, Centre for Economic Policy Research, Research School of Economics, Australian National University.
    4. Loeper, Antoine, 2013. "Federal Directives, Local Discretion and the Majority Rule," Quarterly Journal of Political Science, now publishers, vol. 8(1), pages 41-74, January.
    5. Bertrand Crettez & Bruno Deffains & Olivier Musy, 2010. "On Legal Cooperation and the Dynamics of Legal Convergence," EconomiX Working Papers 2010-17, University of Paris Nanterre, EconomiX.
    6. Baniak Andrzej & Grajzl Peter, 2011. "Interjurisdictional Linkages and the Scope for Interventionist Legal Harmonization," Review of Law & Economics, De Gruyter, vol. 7(2), pages 405-434, December.

    More about this item

    Keywords

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

    JEL classification:

    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law
    • H11 - Public Economics - - Structure and Scope of Government - - - Structure and Scope of Government
    • D61 - Microeconomics - - Welfare Economics - - - Allocative Efficiency; Cost-Benefit Analysis
    • D62 - Microeconomics - - Welfare Economics - - - Externalities

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