The Future Legal Management of Mass Migration

Abstract

This article seeks to provide a lens for management of mass migration consistent with established international refugee law, human rights law, humanitarian law, and national control of immigration. It argues that the key to successful management of mass migration, consistent with international legal principle, international normative objectives, and national immigration control, is a lens to achieve the best reconciliation of what migrants in fact do, and the divergent interests of sovereignty. The article applies that lens first to "The European Refugee Crisis," and similarly to four major episodes of mass migration in recent history, to demonstrate its utility and power as an evaluative tool for future legal management of mass migration. Building on the insights of history, the article then applies this lens to address the various currently implemented and proposed strategies for international and national management of mass migration, to distinguish good and bad policy, and the best course for future international action.

Keywords: mass migration, migration, refugees, international refugee law, human rights, human rights law, humanitarian law, immigration, European Refugee Crisis, policy

JEL Classification: K33