Refugee law faces a serious crisis in Europe. This crisis highlights the need to explain the following questions: What is the relationship between refugee law and immigration policy? How much immigration do States need to tolerate for moral and practical reasons even if they do not wish any immigration?
The general legal principle of necessity offers a useful theoretical basis for refugee law. Necessity explains the conditions under which it would be unfair to fight off unwanted immigrants by deportation and punishment. Necessity also explains the conditions under which a restrictive...