The International Court of Justice and Migration
Forthcoming in Achilles Skordas (ed), Research Handbook on the International Court of Justice, Edward Elgar (2020)
12 Pages Posted: 27 Jan 2020
Date Written: January 4, 2020
The ICJ would seem to offer itself as an obvious arbiter in North-South conflicts about migration law. While the lack of consent to the jurisdiction of the ICJ by potential parties might provide some explanation for the scarcity of migration-related judgments, we seem to be left with the image of a potential unfulfilled. The Court is known as a late adopter of innovations in the sphere of international law, and it treads carefully on its path to judgment. Why do states not resort to it more often on issues related to migration law? This is the question driving the present chapter.
In pursuit of an answer, I shall proceed in three overall steps. Following the Introduction, in Section 2, I will establish an overview of the few existing cases with a migration law dimension. In Section 3, I shall test two hypotheses explaining the scarcity of cases. Finally, Section 4 will briefly conclude on this chapter.
Keywords: International Court of Justice, migration law, refugee law, human rights
JEL Classification: K33, K37
Suggested Citation: Suggested Citation