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53 Colum. J. Transnat'l L. 235 (2014-2015)
Non-Refoulement in a World of Cooperative Deterrence

handle is hein.journals/cjtl53 and id is 241 raw text is: Articles Non-Refoulement in a World of Cooperative Deterrence THOMAS GAMMELTOFT-HANSEN* AND JAMES C. HATHAWAY** Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical respon- sibilities under that regime, wealthier countries have embraced the politics of non-entree, comprising ef- forts to keep refugees away from their territories but without formally resiling f om treaty obligations. As the early generation of non-entree practices visa controls and carrier sanctions, the establishment of international zones, and high seas deterrence have proved increasingly vulnerable to practical and legal challenges, new forms of non-entree predicated on interstate cooperation have emerged in which de- terrence is carried out by the authorities of the home or a transit state, or at least in their territory. The critical question we address here is whether such cooperation-based mechanisms of non-entree are as developed states seem to believe capable of insulat- ing them from legal liability in ways that the first gen- eration of non-entree strategies were not. We show *Research Director, Danish Institute for Human Rights, Copenhagen. tghghumanrights.dk. **James E. and Sarah A. Degan Professor of Law and Director, Program in Refugee and Asylum Law, University of Michigan Law School, Ann Arbor. jchgumich.edu. The authors wish to thank Marko Milanovic for commenting on an earlier version of this article and Nik Tan for his careful research assistance. The generous support of the William W. Cook Endowment of the University of Michigan is gratefully acknowledged.

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