Resisting International Norm Transfer While Seeking International Recognition – Ukrainian Asylum Lawmaking

Abstract

This article contributes to the understanding of why international organisations’ attempts to transfer policies frequently fail or lead to only partial practical change in the target states. It sheds light on legislative resistance by analysing how Ukrainian lawmakers reacted to attempts to impose international asylum norms on them. Instead of overtly opposing the import of international norms, Ukrainian lawmakers resisted in a subtle way, frequently by making the implementation of the adopted norms impossible. As international normative texts contain vague formulations of certain norms, lawmakers benefited from a certain leeway when translating these norms into domestic law. They also adopted laws in a shallow way, integrating a particular norm into a very prominent law, often in a vague way, but failing to adapt other laws necessary for implementation. Finally, lawmakers delayed adoption or implementation, only making good on their commitment many years later when the pressure from international actors or incentives became too strong.