Courts in Context. An Empirical Re-Evaluation of Categorization in the Asylum Regime

Abstract

The international order is based on the fundamental belief that nation-states can control access to their territories. Asylum law puts this logic into perspective by guaranteeing fair procedures to those seeking protection and, if accepted, basic civil and social rights. Asylum practice thus operates in a tension between universal human rights and migration control, part of which is the categorization of people according to their needs for protection. International and national courts are key actors mediating this tension. By applying and interpreting the law, they contribute to the dynamic evolution of both substantial and procedural asylum law. The aim of this special issue is to empirically analyse the legal practice of categorization from different disciplinary perspectives and thus contribute to interdisciplinary asylum law research.