May states select among refugees?

This article argues that there is no general ‘yes’ or ‘no’ answer to the question of whether states may permissibly use group-based criteria to permanently resettle refugees from certain contexts. Indeed, I argue that this question only makes sense with respect to a range of narrowly circumscribed s...

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Main Author: Max Gabriel Cherem
Format: Article
Language:English
Published: Taylor & Francis Group 2020-01-01
Series:Ethics & Global Politics
Subjects:
Online Access:http://dx.doi.org/10.1080/16544951.2020.1735018
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author Max Gabriel Cherem
author_facet Max Gabriel Cherem
author_sort Max Gabriel Cherem
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description This article argues that there is no general ‘yes’ or ‘no’ answer to the question of whether states may permissibly use group-based criteria to permanently resettle refugees from certain contexts. Indeed, I argue that this question only makes sense with respect to a range of narrowly circumscribed scenarios. And, even though it may appear that states have wide discretion with respect to refugees in these scenarios, the way that these scenarios have arisen and continue to be maintained casts doubt upon even this limited conclusion Nevertheless, consulting both the history and practice of international refugee law can help us understand why some particular forms of group-based prioritizations are foreclosed. Such attention to practice based details also sensitizes us to the solution structure (and historic interest constellation) behind refugee law, as well as those institutional tweaks and patches that could actually stand a chance of making a marked difference.
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spelling doaj.art-85924f3e19fd413b9bc3262a8b14924b2022-12-22T02:10:12ZengTaylor & Francis GroupEthics & Global Politics1654-49511654-63692020-01-01131334910.1080/16544951.2020.17350181735018May states select among refugees?Max Gabriel Cherem0Kalamazoo CollegeThis article argues that there is no general ‘yes’ or ‘no’ answer to the question of whether states may permissibly use group-based criteria to permanently resettle refugees from certain contexts. Indeed, I argue that this question only makes sense with respect to a range of narrowly circumscribed scenarios. And, even though it may appear that states have wide discretion with respect to refugees in these scenarios, the way that these scenarios have arisen and continue to be maintained casts doubt upon even this limited conclusion Nevertheless, consulting both the history and practice of international refugee law can help us understand why some particular forms of group-based prioritizations are foreclosed. Such attention to practice based details also sensitizes us to the solution structure (and historic interest constellation) behind refugee law, as well as those institutional tweaks and patches that could actually stand a chance of making a marked difference.http://dx.doi.org/10.1080/16544951.2020.1735018refugeemigrationinternational lawhuman rightsjurisdictionterritory
spellingShingle Max Gabriel Cherem
May states select among refugees?
Ethics & Global Politics
refugee
migration
international law
human rights
jurisdiction
territory
title May states select among refugees?
title_full May states select among refugees?
title_fullStr May states select among refugees?
title_full_unstemmed May states select among refugees?
title_short May states select among refugees?
title_sort may states select among refugees
topic refugee
migration
international law
human rights
jurisdiction
territory
url http://dx.doi.org/10.1080/16544951.2020.1735018
work_keys_str_mv AT maxgabrielcherem maystatesselectamongrefugees