Migration

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Why International Migration Law Does Not Give a License To Discriminate

Juan Amaya-Castro argues that states’ selective immigration policies are discriminatory, and that this discrimination has been legitimized by international (migration) law. From a legal point of view, this is rather a misperception that confuses differential with discriminatory treatment. The latter is not allowed by contemporary international law as this post will show. International migration law is not a self-contained legal regime. It is a multi-layered body of law consisting of various international, regional or bilateral treaties and agreements which leave “the alien’s body protected by a varying number of layers (legal regimes) depending upon the sartorial tastes of the State involved” (Richard Lillich, The Human Rights of Aliens in Contemporary International Law, Manchester UP, 1984, 122). Some of the most migrant-protective layers are certainly those provided by international and European human rights law and principles. As regards migrants’ entry, the UN Human Rights Committee in its 1986 General Comment No 15 noted that the International Covenant on Civil and Political Rights “does not recognize the…

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International Migration Law: License to Discriminate?

The story of international law and migration commonly begins with the observation that states have the sovereign right to deny access to non-nationals. This statement is then qualified with the observation that there are some exceptions to this rule. Refugees and other people who may run serious risks if returned to their country, or are otherwise expelled, and…

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Symposium on the (Ab)normality of Migration and the Legal Position of Migrants

It is with great pleasure that the ESIL Interest Group on Migration and Refugee Law, in close cooperation with EJIL:Talk!, launches its first blog symposium, which will run on EJIL:Talk! this week. The interest group was established in April 2013, making it one of the newest members of the ESIL family. Underlying its foundation is the strong belief…

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Protecting Europe or Irregular Migrants? The (Mis)use of Force in the Mediterranean

On Monday 11 May Federica Mogherini, the High Representative of the European Union for Foreign Affairs and Security Policy, officially briefed the UN Security Council on the current crisis in Europe. The crisis relates to the sharp increase of fatalities of individuals trying to cross the Mediterranean in order to reach European shores. The International Organization for…

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Are Human Rights Hurting Migrants at Sea?

Every year hundreds of thousands of irregular migrants, including asylum seekers and refugees, cross the Mediterranean Sea to enter Europe. More than 200.000 are thought to have crossed in 2014, reaching the coasts of Italy, Greece, Spain, Malta and Cyprus. The reasons for the crossing are obvious. Some migrants flee conflict and persecution; others simply…

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