Overcoming Collective Action Problems with Refugees: Toward a Just Transnational Asylum System

Across developed nations, especially in the global North, mass arrivals of asylum-claimants and illegal migrants are upending familiar political party positions. At least 140 million migrants have arrived in OECD nations since the turn of the century, and receiving nations are increasingly trying to make it harder to reach their ports of entry or file a successful asylum claim. This chapter argues that the Geneva Refugees Convention needs to be replaced with a new treaty regime to set up a just transnational system for refugees and asylees in which a large number of high- and mid-income nations would cooperate to set fair standards for asylum throughout their bloc that recognize lethal poverty and gang warfare as just causes for fleeing, assign each member-state an annual quota based on several relevant ethical and economic factors, and massively reduce incentives to enter illegally or apply for asylum without strong grounds. Those passing a “credible fear” test could travel safely to the Just Asylum System zone and get temporary protection until their case is decided within six months, thus reducing the markets for people smugglers. And member nations would be assured that the burdens created by tyranny, civil war, and kleptocracy will be fairly shared among able countries and met—to the extent possible—within limits that are feasible for their society.