This research analyses refugee flow through a law and economics lens. This study offers a short
historical overview of the creation of the United Nations High Commissioner for Refugees by
examining some of these events utilizing law and economics methods. In addition, a law and
economics model is applied, based on the idea that refugees, as well as national states, might aim to
maximize their net benefits. Some of the most important variables that impact the refugee decisionmaking
process are then explored as well as the most important “push” factors that impact
lawmakers in enacting and modifying refugee laws (e.g. protection of national security and the
safeguarding of the national job market). Afterwards, the 1951 Convention Relating to the Status
of Refugees is discussed, delving into the main factors for its ratification and compliance by
national parliaments. Then brought forth is a study of the economic advantages and disadvantages
of a centralized supernational asylum law (acquis communautaire) that may result in the
elimination of competition between legal orders in refugee law and the removal of negative
externalities caused by “asylum shopping”. To reach the goal established in Article 5 of the Treaty
on European Union, the need for harmonization of asylum standards is examined through the
application of an economic approach. Specifically, the economic methodology is used to investigate
the application of the subsidiarity principle by considering some of the most important economic
criteria for both centralisation and decentralisation and by applying the findings to the asylum law.
To sum up, international refugee law will be critically analysed through an interdisciplinary
approach. The principal goal is to explore the “demand” and “supply” of the “refugee law market”
through the lens of the law and economics approach but with the context of human rights.
Veshi, Denard (2020) Refugee Flow: A Law and Economics Approach, [Dissertation thesis], Alma Mater Studiorum Università di Bologna. Dottorato di ricerca in European doctorate in law and economics , 31 Ciclo. DOI 10.48676/unibo/amsdottorato/9622.