Law and Migration in a Changing World: General Report
(2022) Law and Migration in a Changing World — ISBN: [978-3-319-99506-9], p. 1-97, published
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- Abstract
- This General Report draws from twenty-six national reports. Structured in two parts, it investigates the status of the migration law regimes in receiving countries, where migration events have come under intense domestic and international crutiny. The first part (Sects. 2–4) compares the legislative, judicial, and administrative instruments regulating foreign arrivals and stays, signaling an evolution towards a jus commune in the highly plural and interactive world of legal orders and sources, judicial and decision-making bodies, as well as hierarchies and sovereignties. The second part (Sects. 5–6) reflects on convergences and divergences, and how countries variously leverage such instruments to formulate their migration management policies. Although a given in the legal field, the gap, especially between law and practice, is frighteningly wide in migration matters, with dramatic consequences for some categories of migrants, their communities, and—directly and indirectly—for their countries of origin and the society where they seek a new life. The General Report advocates for the human rights of migrants to be more firmly imprinted in understandings of national sovereignty and security and a greater permeability of national law to international human rights law.
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Citations
Carlier, J.-Y., & Marie-Claire Foblets. (2022). Law and Migration in a Changing World: General Report. In Marie-Claire Foblets and Jean-Yves Carlier (ed.), Law and Migration in a Changing World (p. p. 1-97). Springer. https://doi.org/10.1007/978-3-319-99508-3