Michael Dunne
John Bassett Moore, the greatest American international lawyer of his age, wrote in his monumental Digest of International Law (1906): "No legal term in common use is perhaps so lacking in uniformity and accuracy of definition as the 'right of asylum.' " A century later, the same can still be said. Asylum, originally conceived as a right claimed by an individual fugitive, is now more readily regarded as a privilege abused by hordes of foreigners, self-styled refugees seeking to avoid the immigration restrictions of beneficent countries. The twentieth century, which began at the high point of intercontinental and peaceful migration, ended as intracontinental migration became increasingly salient and more and more contentious politically. Western and northern Europeans worried about "economic migrants" from the Balkans and the former Soviet bloc. From the Horn of Africa through the Great Lakes to the mouth of the Congo millions of people have been displaced through war and famine; South and Southeast Asia have seen comparable human exoduses. In the Western Hemisphere the debate has concerned the movement of migrants, over-whelmingly Spanish-speaking people, into the United States from the Caribbean and Central America. Thus to understand "asylum" in an American context we need to look at the historical evolution of the term as it has become entangled with the twin issues of immigration and refugee policy, both of which are themselves part of the larger pattern of domestic and foreign policymaking in the United States.
See also EXTRATERRITORIALITY; HUMANITARIAN INTERVENTION AND RELIEF; HUMAN RIGHTS; IMMIGRATION; NATIVISM; RECIPROCITY; REFUGEE POLICIES.