The Future Legal Management of Mass Migration

51 International Lawyer 121 (2018)

Univ. of San Francisco Law Research Paper No. 2017-13

56 Pages Posted: 12 Sep 2017 Last revised: 7 May 2018

See all articles by Jack I. Garvey

Jack I. Garvey

University of San Francisco - School of Law

Date Written: October 8, 2017

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

Suggested Citation

Garvey, Jack I., The Future Legal Management of Mass Migration (October 8, 2017). 51 International Lawyer 121 (2018); Univ. of San Francisco Law Research Paper No. 2017-13. Available at SSRN: https://ssrn.com/abstract=3035043

Jack I. Garvey (Contact Author)

University of San Francisco - School of Law ( email )

2130 Fulton Street
San Francisco, CA 94117
United States

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