The Limits of Transnational Law: Refugee Law, Policy Harmonization and Judicial Dialogue in the European Union

State authority and power have become diffused in an increasingly globalised world characterised by the freer trans-border movement of people, objects, and ideas. As a result, some international law scholars believe that a new world order based on a complex web of transnational networks. Such a transnational legal order requires sufficient dialogue between national courts. This book explores the prospects for a transnational legal order in the context of refugee law in Europe, focusing on a key aspect of transnational judicial dialogue, namely the use of foreign law in refugee cases. Judicial practice is critically analysed in nine EU member states. The case studies reveal that judges rarely use each others’ decisions within the EU. The book points to a mix of rational and cultural factors that explain this outcome. Conclusions are drawn for the prospects of a Common European Asylum System and for international refugee law.