Economic globalization, refugee production, and the undermining of international law: A third world perspective

Globalization in general and economic globalization in particular, as operated through the agencies of the International Monetary Fund (IMF), the World Bank and Multinational Corporations (MNCs) is seen as a "saviour" (mostly by the developed countries) necessary for the attainment of rapid and vigorous economic growth and development. However, based on its present organizing principles, economic globalization all too often is also "savage" in terms of the significant contributions it makes in the production of refugees and other attendant disasters in the "third world." As exemplified in the cases of Nigeria, Sudan and other third world countries, the policies, programmes and activities of these formidable forces of globalization, i.e. IMF, World Bank and MNCs, as driven by the influence of the developed countries, have contributed significantly in the instigation and exacerbation of such conditions as wars, ethnic conflict, poverty, coup d'etat, unemployment and other related disasters. And these are conditions highly instrumental in the generation of massive refugee flows in the "third world" countries. In other words, the present international economic structure is weighed heavily in favour of the relatively powerful developed states, to the detriment of relatively powerless "third world" countries.; Using the Third World Approaches to International Law (TWAIL) perspective, the dissertation contends that the reason why economic globalization's negative impact on the "third world" remained unchecked is because of the existence of the colonial-type relationship between the "third world" and the developed world in the conduct of international relations and in the formation of international economic law. Economic globalization as promoted by international economic law has whittled down the sovereignty of most the "third world" and transfers it to IFIs and MNCs. As a result the capacity of the "third world" countries to effectively discharge their social and welfare functions to their citizens is being minimized. Thus, economic globalization has generated and exacerbated inequality, unemployment, poverty, ethnic conflicts and wars in some "third world" countries. As previously stated, these are known conditions from where massive refugee flows in the "third world" originate. Similar to the situation during the colonial era, the developed countries who are reaping the benefits of economic globalization have refused and are still refusing to take responsibility for the negative consequences such as large scale refugee flows which this phenomenon has generated and is still generating in the "third world." Instead, these developed states have adopted measures such as a narrow interpretation of international refugee law, interception of refugees at their borders, imposition of visa requirements, Safe Third Country agreements and a host of other non-entree measures in order to limit the numbers of refugees and asylum seekers that can enter their countries or access their refugee determination systems.; As this kind of development represents a bleak and ominous portent to international peace and security, the dissertation suggests a number of alternative approaches in tackling, ameliorating and possibly arresting the grave impacts of globalization in the "third world," with particular reference to refugee production. Because the present non-entree model favoured by most developed countries in curbing massive refugee flows into their countries have proved ineffective if not counterproductive, the dissertation proposes a reconceptualization of that model. In doing so, the dissertation challenges members of the international community to undertake some proactive measures such as the institution of an Impact Monitoring Commission and reference of serious issues to the International Court of Justice for advisory legal opinions as a more effective way of dealing with refugee flows. Indeed, members of the international community will need to...