Comparative International Law, Edited by Anthea Roberts, Paul B. Stephan, Pierre-Hugues Verdier, and Mila Versteeg (Oxford University Press, 2018).

Chapter 19: Jill I. GoldenzielWhen Law Migrates: Refugees in Comparative International Law”

When Law Migrates: Refugees in Comparative International Law

The current European migration crisis has been playing out worldwide. As record numbers of migrants have fled their countries in recent years, wealthier states have had an increasing interest in restricting their borders to protect national security. The challenge of balancing domestic security interests with international human rights commitments has fallen to courts. Drawing on cases involving interdiction of migrants and refugees at sea from the U.S., Australia, and the European Court of Human Rights, this chapter will compare how the 1951 Convention Relating to the Status of Refugees has been interpreted across countries and over time. It will show how courts have permitted countries to circumvent the core prohibition of the Refugee Convention, and discuss when courts choose to intervene to enforce it. The chapter will conclude by analyzing the implications of these cases for extraterritorial application of domestic and international human rights guarantees.

About the Author
Jill Goldenziel is Associate Professor of International Law and International Relations at Marine Corps University-Command and Staff College, where she teaches International Law, the Laws of War, and National Security to mid-career U.S. and foreign armed services members studying for a Master’s in Military Studies. She is also an Affiliated Scholar at the University of Pennsylvania’s Fox Leadership International program.

Dr. Goldenziel’s scholarship focuses on international law, constitutional law, comparative law, human rights, refugees and migration, and law and religion. She is a specialist in the law and politics of the Middle East. She is currently writing a book on how to solve the migration and refugee crisis and several projects on the use of law as a weapon of war. Since 2016, Dr. Goldenziel has participated in High-Level Meetings related to the UN Global Compact for Migration, including speaking before 164 UN Member-States at the Intergovernmental Conference to adopt the Global Compact, speaking at the 2018 Inter-Parliamentary Union/UN Annual Inter-Parliamentary Hearings, and submitting draft language for the New York Declaration for Refugees and Migrants and the Global Compact on Migration. She is actively involved in the UN’s follow-up and implementation on the Global Compact for Migration.