The Architecture of International Migration Law: A Deconstructivist Design of Complexity and Contradiction

American Journal of International Law (unbound), 2017, Vol. 111, pp. 18-23

6 Pages Posted: 12 Apr 2017  

Vincent Chetail

Graduate Institute of International and Development Studies (HEI)

Date Written: April 12, 2017

Abstract

International migration law can be described and conceptualized as a deconstructivist architecture both literally and metaphorically. It is an architecture of fragmentation based on dissonance and asymmetry that questions the traditions of harmony, unity, and stability. The foundation stones of International Migration Law have been set up by scholars through the dialectic between hospitality and sovereignty, while its overall design has been shaped by states in a rather erratic way. This provocative architecture produces an impression of controlled chaos, a feeling of incompleteness and unease that have never been so acute than today.

Keywords: international migration law, migration, refugee, migrant worker, migration governance, customary law, treaty law, soft law, sovereignty, undocumented migrant, emigration, immigration, admission, expulsion, refoulement, international law

Suggested Citation

Chetail, Vincent, The Architecture of International Migration Law: A Deconstructivist Design of Complexity and Contradiction (April 12, 2017). American Journal of International Law (unbound), 2017, Vol. 111, pp. 18-23. Available at SSRN: https://ssrn.com/abstract=2951747

Vincent Chetail (Contact Author)

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

PO Box 136
Geneva, CH-1211
Switzerland

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