May states select among refugees?

Abstract

ABSTRACT This article argues that there is no general ‘yes’ or ‘no’ answer to the question of whether states may permissibly use group-based criteria to permanently resettle refugees from certain contexts. Indeed, I argue that this question only makes sense with respect to a range of narrowly circumscribed scenarios. And, even though it may appear that states have wide discretion with respect to refugees in these scenarios, the way that these scenarios have arisen and continue to be maintained casts doubt upon even this limited conclusion Nevertheless, consulting both the history and practice of international refugee law can help us understand why some particular forms of group-based prioritizations are foreclosed. Such attention to practice based details also sensitizes us to the solution structure (and historic interest constellation) behind refugee law, as well as those institutional tweaks and patches that could actually stand a chance of making a marked difference.