Rule of Law and Human Mobility in the Age of the Global Compacts
Panizzon, Marion (editor)
Vitiello, Daniela (editor)
Molnar, Tamas (editor)
This is a reprint of the Special Issue The Rule of Law and Human Mobility in the Age of the Global Compacts: Relativising the Risks and Gains of Soft Normativity?, which hosts nine contributions that critically dive in the normative, administrative, and judicial obstacles and potential standing of the legal framework and implementation setting of the Global Compact for Safe, Orderly, and Regular Migration (GCM) and the Global Compact for Refugees (GCR). The following four thematic clusters are proposed: 1. The justiciability of the actionable commitments under the Global Compacts before domestic courts as a threshold for the degree of judicial protection for migrants and refugees; 2. How human rights treaties and the Global Compacts are connected might matter for the level of rights protection; 3. Externalized migration policies and border management as a threat for the regional scope of human rights and as a risk factor for the rule of law; and 4. Data-driven and evidence-based migration policies, including digital technology as facilitators for standardizing migration and asylum decisions. By inquiring into human rights protection at the boundaries of the political commitments under the Global Compacts, this reprint engages in a conversation about the confinements that migrants and refugees encounter when accessing their substantive and procedural rights and encourages legal science/scholars to map an emerging field of study within global migration governance.
KeywordsAfghanistan; India; refugees; non-refoulment; refugee convention; UNHCR; Global Compacts; non-regression; non-discrimination; rule of law; human rights; Common European Asylum System (CEAS); EU asylum and migration law; Court of Justice of the EU; EU Member States; border procedures; New Pact on Migration and Asylum; global compact for safe; orderly and regular migration; global compact on refugees; climate change; disasters; human mobility; migration; displacement; international cooperation; administrative detention; proportionality; alternatives to detention; review of detention; Global Compact for Migration; human rights treaty bodies; large movements of refugees and migrants; governance of cross-border human mobility; the Global Compact for Migration; the Global Compact on Refugees; guiding principles; the European Union; comprehensiveness versus fragmentation; de-compartmentalisation; complementary pathways; legal pathways to refugee protection; work-based pathways; Global Compact for Safe, Orderly and Regular Migration; Global Compact on Refugees; labour migration; policy feasibility; Germany; Sweden; n/a
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Publication date and placeBasel, 2023