TY - JOUR
T1 - Hyper-legalism and obfuscation
T2 - how states evade their international obligations towards refugees
AU - Ghezelbash, Daniel
PY - 2020/9/17
Y1 - 2020/9/17
N2 - This Article examines how wealthy democratic states evade and avoid their international obligations towards refugees. The focus is on two strategies. The first is hyper-legalism—an overly formalistic bad-faith approach to interpreting international law. The second is obfuscation, which involves secrecy about what actions the government is taking and deliberate silence as to the purported legal justifications. The discussion is illustrated with examples from the United States, Australia, and Europe. The Article concludes with a discussion of possible tactics for resisting these strategies and holding governments accountable for their actions.
AB - This Article examines how wealthy democratic states evade and avoid their international obligations towards refugees. The focus is on two strategies. The first is hyper-legalism—an overly formalistic bad-faith approach to interpreting international law. The second is obfuscation, which involves secrecy about what actions the government is taking and deliberate silence as to the purported legal justifications. The discussion is illustrated with examples from the United States, Australia, and Europe. The Article concludes with a discussion of possible tactics for resisting these strategies and holding governments accountable for their actions.
UR - https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3548294
U2 - 10.1093/ajcl/avaa019
DO - 10.1093/ajcl/avaa019
M3 - Article
VL - 68
JO - American Journal of Comparative Law
JF - American Journal of Comparative Law
SN - 0002-919X
IS - 3
ER -