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196 In the next chapter the legal foundations of refugee protection will be considered in an effort to understand the prescriptive content of the right to seek and enjoy asylum. The following chapter examines the driving forces and governing principles behind the Common European Asylum System which lays the foundations for a 191 Chou supra n129, 554. 192 European Parliament Resolution on the Common Immigration Policy B6–0508/2006 26 September 2006 para L. 193 Hirsi Jamaa supra n13. 194 Goodwin-Gill makes a similar point in relation to the policy of interception at sea, supra n185, 443.

Durable solutions will inevitably require European states to do more to protect refugees, honouring their commitments in international law. 195 European cooperation presents an opportunity to improve the global prevention and protection system At the very least the EU can assist neighbouring states by genuinely sharing the obligation to protect though the development of asylum systems, resources and expertise. 196 In the next chapter the legal foundations of refugee protection will be considered in an effort to understand the prescriptive content of the right to seek and enjoy asylum.

189 Above all, the interception cases serve to demonstrate two important lessons. States at the borders of the EU cannot be relied upon to assist refugees to access safe territory and refugee determination procedures in the absence of legal intervention and wider European support. Secondly, refugees continue to seek access to these states despite enormous personal risks. Refugee movements may be temporarily reduced or, more likely, displaced by such measures but they will not cease until the risks presented are greater than the risks faced by remaining at home.

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