This volume seeks to address the gap in academic literature on the wider (and international) influence of European asylum law and policy; an area that has thus far been the subject of little empirical investigation. The ambitious purpose of this volume is to explore the extent to which European (or EU) legal norms of refugee protection have been emulated in other parts of the world, and to assess the implications of these trends if emulation is in fact occurring. This is by no means an easy task, as acknowledged by a number of contributors to this edited volume. Nevertheless, case studies on a range of countries and regions of the world are effectively drawn together to demonstrate that, in many instances, there is clear evidence of emulation of European legal norms across the globe, although the nature and effects of such emulation appear to vary considerably depending on the local conditions and requirements of the regions concerned.
The volume comprises ten chapters. In the first, Hélène Lambert sets out the conceptual framework for the book and the necessary tools for testing the hypothesis that European refugee law is being emulated in non-EU counties. Drawing on international relations and sociological theory, Lambert identifies key drivers behind the spread of norms and several ‘facilitating factors’ for the chapter authors to consider in their case studies. Chapters 2–8 cover seven case studies, chosen to reflect a range of broad legal characteristics: Australia (Jane McAdam), Latin America (David J Cantor), Canada (Audrey Macklin), Israel (Dallal Stevens), Switzerland (Vincent Chetail and Céline Bauloz), Africa (Marina Sharpe) and the United States (Maryellen Fullerton). The order of these chapters is based on the strength of the evidence of emulation which is found, starting with those in which ‘natural’ emulation is found, through cases with strong evidence of ‘formal’ emulation and, finally, Africa, which shows evidence of past but not present emulation and the United States, where there is no explicit evidence of emulation. In Chapter 9, Jean François Durieux provides a cautionary warning on the diffusion of European law—the vanishing subject of the refugee in EU law—while Hélène Lambert concludes the volume in Chapter 10 by highlighting the key findings of the study and providing some final observations.
Lambert succinctly ties the volume together in the final chapter, concluding that although the role of ‘formal’ processes of EU norm diffusion (such as bilateral agreements and treaties) cannot be ignored, the case studies reveal ‘another picture of “natural” diffusion and emulation [of EU norms] into the legal systems of non-EU countries through more “informal” transnational processes’ (258). Here ‘new challenges and uncertainty’ appear to be the main driver behind the emulation of European norms abroad, while ‘facilitating factors’ include the local context or the degree of ‘fit’ between the EU norm and the local culture and requirements, and the role of transnational legal, policy and advocacy networks and decision makers in transmitting the norm(s) in question. Perhaps the most resonating warning of the volume is contained in this chapter, in which Lambert draws attention to the double ‘safety mechanisms’ in place in Europe—the European Convention with the European Court of Human Rights, and the Court of Justice of the European Union—a double judicial check which may easily be overlooked by non-EU countries. As Lambert notes, there is a danger of non-EU countries emulating some of Europe's restrictive rules and practices without the more liberal ‘interpretation package’ that comes with it (265), a point also highlighted by McAdam in her chapter on Australia (68).
This volume is a useful and interesting study of the influence of European asylum law and policy in countries and regions throughout the world. However, a theme which a number of authors touch upon in their case studies concerns the closely related issue of the mutual influence of norm diffusion between EU and non-EU States. This ‘plagiaristic dialogue’, as termed by McAdam, means that ‘States borrow heavily from each other but typically without any clear acknowledgement’, and appears to have impeded the authors’ ability in some cases to ‘identify precisely where ideas originate in asylum practices and how they cross-pollinate’ (67–8). Thus Audrey Macklin notes ‘[t]he easy circulation and morphing of ideas between Canada, the US, Australia, the EU Member States and the EU itself can make it difficult to identify sources or label any particular iteration as an instance of emulation’ (99). It therefore appears that, at least in some instances, this is not simply a case of the diffusion of EU norms worldwide, but rather a shared process of norm ‘borrowing’ between States. This is a subject ripe for future exploration and it is hoped that this volume will act as a platform for further study in this area.
This volume will be of interest to a diverse audience including students, academics and policy practitioners. One of its strengths is its broad scope—it contains thought-provoking insights into the asylum regimes of many regions of the world. The contributions of chapter authors are clearly expressed throughout and as such are accessible to those unfamiliar with the regions under consideration. Yet the novel contribution of this volume to the very limited academic literature on the topic means that the analyses provided in each chapter are necessarily innovative so as to remain interesting to those well versed in the legal traditions of these particular regions. Some case studies in particular represent excellent examinations in their own right. In his chapter on Latin America, David Cantor makes an important observation regarding the emulation of the European ‘fortress’ model of channelling asylum flows elsewhere, raising ‘the possibility of any diverted irregular migration routes simply reorienting themselves once again towards Europe’ (97). Jane McAdam's case study on Australia is exceptionally thorough and, as noted above, her observations on the emulation of EU norms without comparable regional human rights protections are particularly poignant. Audrey Macklin's narrative on the adoption of the Safe Country of Origin concept in Canada challenges the traditional emulation thesis, in that she contends Canada's posture was less about emulation than appeasement of EU irritation about visa requirements (103), while Vincent Chetail and Céline Bauloz aptly observe that ‘[t]he Swiss construction is slowly taking the form of a turret—one of fortress Europe’ (177). Overall, this volume represents an excellent contribution to the academic literature and would be a welcome addition to any bookshelf. It is hoped that the research undertaken here will act as a spur for further exploration of this ever-changing and developing area.