Download This PaperThe Global Compact for Safe, Orderly and Regular Migration: A Kaleidoscope of International Law
International Journal of Law in Context, 2020, Forthcoming
17 Pages Posted: 28 May 2020
Date Written: April 30, 2020
Abstract
The Global Compact for Safe, Orderly and Regular Migration has prompted an intense political debate at both the international and domestic levels. Most controversies focus on its legal stance and highlight the hybrid character of the Compact as a soft law instrument. While acknowledging the political nature of the Compact, this paper delves into its legal dimensions from the perspective of international law. This inquiry into its normative content discloses three main features: the Compact is not a codification of international legal norms governing migration; it is an instrument of both consolidation and expansion of international law to foster intergovernmental cooperation and promote safe, orderly and regular migration.
Keywords: migration, international law, Global Compact, soft law, migration governance, non-discrimination, collective expulsion, detention, non-refoulement, family unity, migrant worker, immigration, emigration
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