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3.2 Deviance and conformity within international
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“realism” which is a prominent theory within international relations theory. Realists believe that nation states are playing their cards with a “rational choice” mentality in the international system. States are purely egoistic and have their own interest at heart in the game of
international rules. They do this through rational choice strategies and thinking. Another way they do this is by interpreting and even adopting international rules as “instruments” for reaching their objectives (Hirsch, 2015:3). I noticed how countries in Europe adopted rational choice strategies to reduce the huge influx of asylum arrivals during the refugee crisis.
Norway’s own changes in legislation and policies show how the country adopted rational choice strategies to deal with the refugee crisis as a nation state.
3.2.2 The sociological paradigm
The second model that Hirsch (2015) mentions is the sociological paradigm in the
international relations literature. One of the important distinctions between this model and the former is that individual choices are highly influenced by social factors like the norms and values that a state is known for. Thus, the compliance with a state is determined by the
importance of norms, socialization and identities. Hirsch mentions that how a country chooses to act when it comes to breaching international law is based on the image they are willing to lose (Hirsch, 2015:4). We can say that some countries cannot afford to have a bad image while others can. Violating social norms can even be used by states to protect their territory. I will present the rhetoric of Norwegian politicians that describe how the sending of a stricter signal (in the immigration field) is viewed as reducing asylum based arrivals. I believe being perceived as an unattractive in which to seek asylum was used as a migration control measure during the refugee crisis, both in legislation and policies (see Asylum settlement and Progress Party program 2013-2017).
Social causes of international deviance
Deviance is understood as the breaching of societal norms. The breaching of norms can be done by individuals, groups and states (Hirsch, 2015:4). One interesting point is how the breaching of societal norms can be used to understand the state’s actions, not only individuals.
Labelling theory is a constructionist approach in the discipline of sociology, and it is often used to study deviance. The labels can be given to people by, for example, the judiciary system where someone is for example labelled as a “refugee” in need of protection. The term
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“irregular immigrant” can be a label that has its own diminishing consequences such as reduced rights to health services, travel and even the right to stay “in the realm”. Others have even found out the impact these labels can have on an individual after they are forcefully removed (deported) or even in the negotiations with third countries to take back their citizens.
Labels such as a “sex worker” or “criminal” might make states reluctant to take back their own citizens (see Plambech, Paasche and Skilbrei 2016). The labelling approach is not limited to how states label those living within their realm. The labelling can also be done by
international mechanisms or even persons that are entrusted with the job to ensure that the international rules are being followed (Hirsch, 2015:7). Both the labelling of non-citizens and the labels applied by international mechanisms are important for this thesis. Even others done by non-governmental organizations will be covered in chapter 7.
Another very important point that I find to be vital for my thesis is one that deals with the formation of identities as a group. Much of the legislation in the asylum field of Europe is based on cooperation between member states and even practices are shared through a
common European asylum system. Identifying with a group is important in the constructivist approach in Sociology where “who we are” and “what we stand for” is formed in the meeting point with the other individuals that form a group. The identities made in the interactions in a group will lead to widespread practices. Hirsch mentions how the international norms are adopted and even “constitutive norms” are formed that define a group membership (2015:9).
This solidarity that can be created in a group will help me to explain how member states (Dublin III regulation) are dependent on a common procedure when it comes to the handling of migration from one country to another.
Hirsch argues that states that are less exposed to international social control agencies are more likely to breach international legal rules. Hirsch in conjunction employs Durkheim’s term anomie to describe how individuals and now states are characterised by this condition.
Anomie is a condition where an individual or a group decide to act in a way that is not based on the norms of society (Hirsch 2015:10). The norms that once had force to govern behaviour slowly lose their impact on individuals or even states. We can say that European states are increasingly breaching a “pure international legal order" built on a collective awareness; and due to this, there has arisen an anomic situation.
The asylum seekers that arrived to some countries in Europe failed to be registered at the arrival country. The Dublin III regulation, which regulates these practices, failed to
40 function and states in Europe did not register asylum seekers (see prop.90 L 2015-2016). This collective awareness in breaching a “pure international legal order " can be witnessed from how the Norwegian state reached quick decisions on the closing of borders and tightened the legislation (prop.16 L 2015-2016 and prop.90 L 2015-2016). This led politicians and different political parties that normally have a hard time to agree to come up with a joint plan to tackle this crisis.
States complying with their international obligation is something that is thought of especially with globalisation as well as in regards to the interconnectedness of countries through EU laws and other international conventions like the non-refoulement principle that my thesis is characterized by. States deviating from their international obligation is something that has been challenging for scholars to understand (Hirsch, 2015:2). The expansion in member states and similar practices governed by European legislation has put a huge burden and challenge on state sovereignty and even security. Sociologists explore the context that the deviance takes place in, and especially where it is derived from. The reactions to the deviant behaviour and how others react to this behaviour are important for sociologists (Hirsch, 2015). I am going to apply this concept of deviance to how the refugees and asylum seekers who arrived in 2015 have been talked about and dealt with.