Local agents of international justice?: on the role of subnational units in refugee protection

Refugee protection depends, minimally, on the identification of agents capable of discharging international obligations in this area of international law. Commonly discussed “agents of justice” include states, IOs, and NGOs. This article focuses on a different set of actors: subnational units (citie...

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Bibliographic Details
Main Author: Tanasoca, Ana 1986- (Author)
Format: Electronic Article
Language:English
Published: 2023
In: Human rights review
Year: 2023, Volume: 24, Issue: 3, Pages: 389-411
Online Access: Presumably Free Access
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Keywords:
International Law
Sanctuary
Human Rights
Immigration
Federal state
Cities
Responsibility
Refugee
Subnational units
Description
Summary:Refugee protection depends, minimally, on the identification of agents capable of discharging international obligations in this area of international law. Commonly discussed “agents of justice” include states, IOs, and NGOs. This article focuses on a different set of actors: subnational units (cities, states, and provinces in federal States) and the legal mechanisms they may use to discharge international obligations in the area of refugee protection. I advance three distinct theoretical models for understanding subnational units’ responsibilities vis-à-vis international law: (1) derived delegated responsibilities; (2) derived back-up responsibilities; and (3) assumed responsibilities. I conclude by sketching some ways in which subnational units could play an even more salient role in the promotion of international law.
ISSN:1874-6306
DOI:10.1007/s12142-023-00699-z