Managing International Migration in Australia: Human Rights and the ‘Last Major Redoubt of Unfettered National Sovereignty’

International Migration Review, Vol. 45, 2011

35 Pages Posted: 11 Jun 2011

See all articles by Brian Opeskin

Brian Opeskin

University of Technology Sydney

Date Written: June 8, 2011

Abstract

This article challenges the view of many commentators that the capacity of liberal democracies to regulate international migration has been significantly compromised by the growth of international human rights norms and the role of independent judiciaries in enforcing those norms. Focusing on three Australian case studies that deal with deportation, mandatory detention of refugee claimants, and judicial review of migration decisions, the article concludes that international and domestic legal constraints still leave very substantial latitude to liberal democratic States to regulate the size and composition of international immigration flows. With only modest qualifications, migration policy remains ‘the last major redoubt of unfettered national sovereignty’.

Keywords: international migration, human rights, deportation, mandatory detention, refugees, judicial review, sovereignty, Australia

Suggested Citation

Opeskin, Brian, Managing International Migration in Australia: Human Rights and the ‘Last Major Redoubt of Unfettered National Sovereignty’ (June 8, 2011). International Migration Review, Vol. 45, 2011. Available at SSRN: https://ssrn.com/abstract=1860465

Brian Opeskin (Contact Author)

University of Technology Sydney ( email )

Faculty of Law
University of Technology Sydney
Sydney, New South Wales 2007
Australia
+61-2-95149670 (Phone)

HOME PAGE: http://www.uts.edu.au/staff/brian.opeskin

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