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
Date Written: June 26, 2014
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
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