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1 - Entangled Asylum

Published online by Cambridge University Press:  06 February 2026

Sarah Scott Ford
Affiliation:
Københavns Universitet, Denmark
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Summary

What role does human rights law play in asylum adjudication? Beyond the obvious source material, it quickly becomes difficult to determine the contours of such a question. For how do boundaries get drawn between national law, institutional norms, principles of different international legal origin, and by whom precisely? A decision maker in Sweden, for instance, must not only navigate Swedish national laws and the 1951 Convention Relating to the Status of Refugees, but also consider EU Directives, jurisprudence from the European Court of Human Rights, and interpretations from various authoritative UN bodies. Taking the Nordic region as a vantage point, this book explores how judicial intermediaries, at both supranational and domestic levels, give shape to the meaning and reach of human rights sources and norms.

The interplay between these different legal frameworks presents substantial practical challenges in the asylum domain. Case workers and judges must determine which standards apply, how to weigh competing interpretations, and how to react to new legal developments. These interpretative decisions point to core theoretical concerns that international lawyers and social scientists continue to grapple with: When do evolving human rights jurisprudence influence established refugee law practices? What authority does a UN human rights treaty body's interpretation have compared to a national court ruling? And at a fundamental level: How should we even understand the relationship between international and national law?

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  • Entangled Asylum
  • Sarah Scott Ford, Københavns Universitet, Denmark
  • Book: Entangled Asylum in the Nordic Region
  • Online publication: 06 February 2026
  • Chapter DOI: https://doi.org/10.46692/9781529242041.003
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  • Entangled Asylum
  • Sarah Scott Ford, Københavns Universitet, Denmark
  • Book: Entangled Asylum in the Nordic Region
  • Online publication: 06 February 2026
  • Chapter DOI: https://doi.org/10.46692/9781529242041.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Entangled Asylum
  • Sarah Scott Ford, Københavns Universitet, Denmark
  • Book: Entangled Asylum in the Nordic Region
  • Online publication: 06 February 2026
  • Chapter DOI: https://doi.org/10.46692/9781529242041.003
Available formats
×