International Law and European Migration Policy: Where Is the Terrorism Risk?

Laws

卷:8

Elspeth Guild¹  Didier Bigo² 

[1] Law, Queen Mary, University of London, London WC1E 7HU, UK;

[2] Sociology/Sciences Po Paris, 75007 Paris, France;

关键词: international law;    migration;    terrorism;    national security;    (in)security;   

DOI  :  10.3390/laws8040030

来源: DOAJ

【 摘 要 】

This article examines how international law in form of treaties deals with the intersection of the three concepts. Our hypothesis is that international law, in the form of treaties, has been reluctant to engage with national security when dealing with migration, leaving this to national law. Instead, the intersection of national security—most commonly in the form of concerns about terrorism and migration—takes place in political discourse, which acts as a passerelle for various types of state violence against people classified or suspected of being migrants. We examine this mechanism that we call an insecurity continuum driven by the politics of fear in a European context. This is a politics that takes place outside of international law but has the effect of limiting access by individuals to international law protections, particularly in the case of people who claim international protection against persecution or torture.

【 授权许可】

Unknown