The state of asylum: democratization, judicialisation and the evolution of refugee policy (In: The Refugee Convention 50 years on: Globalisation and International Law)
Matthew J Gibney
In this paper, Dr Gibney examines the relationship between increasing government restrictiveness towards asylum seekers and the growing entanglement of states in human rights law that restrains their activities. The argument he makes about the relationship between the two applies best to European states, encumbered by European and EU human rights legislation, especially after the Treaty of Amsterdam. However, much of this paper is of broader relevance to other liberal democratic states, and the examples he uses draw freely from non-European countries.