Europe has the most advanced regional protection regime in the world. The predicted impact of this body of norms, including the new Common European Asylum System, has been widely identified as one that will have a 'ripple effect' beyond the EU. However, very few studies have noted the fact that this regime has already influenced the law and practice of states around the world, for some time. The purpose of this book is to gather evidence that emulation is happening (if it is), to explore the extent and identify the processes through which it is happening, and to examine the implications of these findings. A review of seven case studies reveals all but one of these cases provides clear evidence of emulation at some point in time. The EU protection regime, which has been most influenced by the European Court of Human Rights, is 'naturally' evolving transnationally and spreading internationally.
• Explores the extent to which European legal norms of refugee protection have been emulated in other parts of the world, and future prospects • Includes case study analysis of global diffusion and emulation of European refugee law in seven countries/continents around the world • Discusses the evidence (or lack) of emulation of European refugee law around the world and the risk associated with transnational emulation
1. Introduction: European refugee law and transnational emulation Hélène Lambert; 2. Migrating laws? The 'plagiaristic dialogue' between Europe and Australia Jane McAdam; 3. European influence on asylum practices in Latin America: accelerated procedures in Colombia, Ecuador, Panama and Venezuela David Cantor; 4. A safe country to emulate? Canada and the European refugee Audrey Macklin; 5. Between East and West: the case of Israel Dallal Stevens; 6. Is Switzerland an EU member state? Asylum law harmonization through the backdoor Vincent Chetail and Céline Bauloz; 7. The impact of European refugee law on regional, sub-regional and national planes in Africa Marina Sharpe; 8. Stealth emulation: the United States and European protection norms Maryellen Fullerton; 9. The vanishing refugee: how EU asylum law blurs the specificity of refugee protection Jean-François Durieux; 10. Conclusion: Europe's normative power in refugee law Hélène Lambert.
'… 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.' Sarah Singer, International and Comparative Law Quarterly
'… the book is exceptionally well written and structured, and methodologically sound. It provides a wealth of comparative knowledge of the asylum systems worldwide. It is also very valuable in terms of elucidating the evolutionary trajectories of these systems and tracing the impulses that shaped them.' Marija Jovanović, International Journal of Refugee Law