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Refugee Protection, Securitization, and Liminality  

Yvonne Jazz Rowa

The existing scholarship has widely examined security vulnerabilities and challenges within the forced migrant context. A myriad of factors along the complex trajectory of pre- and post-flight have contributed to a dire state of human security. Notably, the protection system has played a major role in the institutionalization of liminality and securitization, and inadvertently intensified refugees’ preexisting vulnerabilities. The literature on global institutions of protection within an evolving global migration landscape exposes the systemic securitization entrenched in the international instruments of protection; for the most part, the protection mechanisms are intrinsically exclusionary. There are also challenges and dilemmas of disentangling security from migration that render conceptual conflations and resultant mechanisms of institutionalization inevitable. Essentially, the architecture of the instruments of protection informs the mechanisms for response. The systemic contradictions within these regimes are therefore likely to be reflected and replicated in their operationalization. The overall dynamics expose humanitarianism and security first, as oppositional imperatives, and secondly, as enduring dilemmas that institutions of protection continuously reconciliate.

Article

International Law Developed Through the European Union  

Kathie Barrett

The European Union (EU) was created through treaties and thus is a product of international law. In the Van Gend en Loos decision, the European Court of Justice (CJEU) stated that the EU was a “new order of international law” and reiterated this in subsequent decisions. This perspective is consistent with the way that the EU influences international law to drive integration as well as its foreign policy goals to become a global leader in the rule of law, protection of human rights, and environmental stability while at the same time decreasing the sovereignty of Member States without their agreement. The CJEU is adjudicating a supranational constitution and empowering national courts to ensure the consistency of EU law. The EU has demonstrated that a unique international system can be driven through cooperation and confidence in international law. While creating possibilities for both international and the EU, it also creates challenges for the national court as well as EU and international law development.