About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

43 Mich. J. Int'l L. 699 (2022)
Asylum-Seekers Are Not Bananas Either: Limitations on Transferring Asylum-Seekers to Third Countries

handle is hein.journals/mjil43 and id is 717 raw text is: ASYLUM-SEEKERS ARE NOT BANANAS EITHER: LIMITATIONS ON TRANSFERRING ASYLUM-SEEKERS TO THIRD COUNTRIES Tally Kritzman-Amir` ABSTRACT Despite the similarities between the movement of people and the movement of goods, many developed nations have maintained high barriers to migration even as barriers to trade have fallen sharply. However, as Jennifer Gordon points out, both bilateral and multi- lateral treaties governing migration have proliferated within this weaker global patchwork of regulation. For example, the ability of developed states to gain concessions on other matters such as trade or investment has led to the proliferation multilateral agreements, while bilateral agreements have arisen due to a desire to refrain from integrating migrant workers in destination states. This paper focuses on a particular subset of migrants-asylum- seekers-and aims to explain why they should not be treated like bananas, so to speak. Their rights, status, and protection, as well as their transfer from destination countries to third countries, are regulated by multilateral, regional, and bilateral agreements that si- multaneously highlight the differences between goods and asylum- seekers while also treating them, in some ways, like objects or com- modities. The banananization of persons through third-country agreements is a result of these agreements' strong focus on the sovereign interests of destination and third countries instead of on the effects of the transfer on asylum-seekers and refugees. This paper argues that transfer agreements should require an indi- vidualized assessment of the connections between asylum-seekers * Visiting Assistant Professor, Boston University School of Law (2020-2022); Visit- ing Associate Professor, Harvard Department of Sociology (2018-2022); Honorary Research Affiliate, Hadassah Brandeis Institute (20 18-2022). 1 appreciate the feedback I received from Jacqueline Bhabha, Sabrine Ardalan, Daniela Caruso, Iris Goldner Lang, Madeline Gleeson, Asad Asad, Ga Young Chung that helped me developed the argument of this paper. I would like to thank my research assistants Christy Cushing, Norah Khadraoui, Noa Kipnis and Kris- ten Vredeveld and Keren Yalin Mor for their meticulous work. 699

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most