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The Transnational Movement of Persons Under General International Law - Mapping the Customary Law Foundations of International Migration Law

Research Handbook on International Law and Migration, pp. 1-72, V. Chetail & C. Bauloz, eds., Cheltenham: Edward Elgar Publishing, 2014.

72 Pages Posted: 28 Jun 2014  

Vincent Chetail

Graduate Institute of International and Development Studies (HEI)

Date Written: June 26, 2014

Abstract

The movement of persons between States is framed by general international law. This has always been the case even if nowadays the trivialization of immigration control has contributed to obscure the role of international norms to such an extent that this field is frequently confused with domestic jurisdiction. Against such a frame, customary international law proves to be instrumental in identifying and highlighting the key concepts at stake and their applicable norms. It unveils and regulates each component of the migration circle: departure from the country of origin; admission into the territory of the destination State and sojourn therein. Each of these core components is governed by several norms of general international law which interact and overlap alongside the migration continuum. This chapter analyses them through a systematic inquiry into their historical origin and their current legal stance under general international law.

Keywords: international migration law, customary international law, emigration, immigration, migrant workers, refugees, freedom of movement, non-refoulement, family reunification, expulsion, admission, minimum standards

Suggested Citation

Chetail, Vincent, The Transnational Movement of Persons Under General International Law - Mapping the Customary Law Foundations of International Migration Law (June 26, 2014). Research Handbook on International Law and Migration, pp. 1-72, V. Chetail & C. Bauloz, eds., Cheltenham: Edward Elgar Publishing, 2014.. Available at SSRN: https://ssrn.com/abstract=2459366

Vincent Chetail (Contact Author)

Graduate Institute of International and Development Studies (HEI) ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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