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This thesis maps the values that have guided the asylum policy decisions of Australia's political leaders over the past half-century, drawing on archival records and interviews with former immigration ministers and senior public servants. For comparative purposes, it also maps the values shaping the views of asylum among leaders of a supra-national organization (the European Commission) and of a major non-government organization (the Jesuit Refugee Service). The findings support the view that a culture of control permeates Australian asylum policy decisions, and that the quest for control stems from perceptions of national interest as articulated in immigration and foreign policy. However, beneath this it shows the primary values shaping policy to be nation building and good governance in the case of the Australian leaders, and (European) community building in the case of European Commission leaders. Building on a 'caring for us, caring for them' conundrum found running through the values of all three groups of leaders, and seeking a secular equivalent to the faith-inspired relational approach of the Jesuit Refugee Service leaders, the thesis explores the contribution an ethics of care might make to asylum policy design, delivery and evaluation. It argues that such an approach, in which care is conceived as a value, process and practice rather than a sentiment or theory, is well suited to the area, especially when refined to provide for the work of empathy and imagination. It concludes by considering the potential implications for Australian asylum policy if an ethics of care were adopted. The primary goals of the thesis are a better understanding of the issues involved in asylum policy, and the articulation of an ethical approach potentially as engaging of policy insiders as of policy spectators.

Thesis (doctoral)--Universität Heidelberg.

Tesis (profesor adjunto de derecho internacional público)--Universidad de la República, Montevideo.

Boston University. University Professors Program Senior theses. / PLEASE NOTE: Boston University Libraries did not receive an Authorization To Manage form for this thesis. It is therefore not openly accessible, though it may be available by request. If you are the author or principal advisor of this work and would like to request open access for it, please contact us at open-help@bu.edu. Thank you. / 2031-01-02

Territorial Asylum The aim of this thesis is to analyse the topic of territorial asylum as an ancient and withstanding institute of international law. The main research questions are as follows: What constitutes territorial asylum? Can it be considered a basic human right from the viewpoint of each individual? Does this right include asylum or only the opportunity to seek it? Does the state of origin have a right to respond in some way to the granting of asylum? Can it be considered an unfriendly act? This thesis is divided into six main chapters, each of which attempts to view this institute from a different perspective and answer the given questions. The first chapter separates asylum and refugee status, institutes that are often mistaken, and defines the fundamental differences between them. It also describes the historical development of asylum and the differentiation between religious, territorial, political and diplomatic asylum. The following chapter focuses on the definition of territorial asylum and how it is described by various law dictionaries. From these definitions, society's view on territorial asylum is conveyed. The third chapter examines the three parts of territorial asylum, which theoretically come into consideration under this institute. The three parts include: the right of the state...

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The goal of this thesis is to provide a deeper understanding of the controversial issues surrounding the offshore asylum policy by concentrating on the political debates and arguments that are for and against the policies' activation. This will be done by  following the structure of a Political Discourse but applying an Argumentation Analysis to the study. Furthermore, the thesis critically examines the application of liberal norms in the offshore policy of Denmark and the United Kingdom and explores the tensions that occur when liberal principles such as human rights, humanitarianism, and the rule of law overlap with the nation's concerns of immigration and border control. This will be done by analysing the historical changes, legal framework, and the implementation of the policy in Denmark and United Kingdom. Using a comparative case study approach, the thesis analyzes the Rwanda Asylum Plan in relation to similar offshore asylum policies implemented in other countries such as the Australian offshore processing policy.

This thesis examines two proposals, Särskilda åtgärder vid allvarlig fara för den allmänna ordningen och inre säkerheten i landet (2015/16:67) och Tillfälliga begränsningar av möjligheten att få uppehållstillstånd (2015/16:174), in light of the concept of securitization, and analyze the effects the resulting provisions to the law and the government bill may have on displaced people. The theoretical framework used for analysis is primarily the theory of securitization in international relations and secondarily the perspective of human security. The analysis of the proposals shows that the Swedish Government considers the inflow of a high amount of asylum seekers as a threat to national security, and the special measures are in need to ensure public order and national internal security. This points to the fact that asylum seekers it to be considered as securitized. Additionally the proposals confirms that asylum seekers is to be seen as a security issue threatening specific societal structures. Hence the need of id-checks. The proposed legislation concerning limiting residence permits is viewed, both from a majority of the national consultative bodies and the Government itself, as affecting asylum seekers in various negative ways. The conclusion of the analysis is that the combination of legislating identity checks and proposing legislation to limit residence permits indicates a more significant shift in Sweden's migration policy than has been evident in the public sphere. Policies has gradually changed from defending rights and guarding safety for fleeing human beings to primarily focus on protecting the nation and guarding the citizens. Furthermore, this study accentuates a previously obscure phenomenon in Swedish migration policy. A Swedish government has proposed legislation based on protecting the Swedish society from severe threats from people in need of security and protection, which the Swedish parliament has passed as a law.