Reprint

Rule of Law and Human Mobility in the Age of the Global Compacts

Edited by
April 2023
170 pages
  • ISBN978-3-0365-7206-2 (Hardback)
  • ISBN978-3-0365-7207-9 (PDF)

This book is a reprint of the Special Issue Rule of Law and Human Mobility in the Age of the Global Compacts that was published in

Business & Economics
Environmental & Earth Sciences
Social Sciences, Arts and Humanities
Summary

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.

Format
  • Hardback
License
© by the authors
Keywords
Afghanistan; India; refugees; non-refoulment; refugee convention; UNHCR; Global Compacts; non-regression; non-discrimination; rule of law; human rights; Common European Asylum System (CEAS); Global Compacts; EU asylum and migration law; rule of law; Court of Justice of the EU; EU Member States; border procedures; Global Compacts; 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; rule of law; 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; migration; refugees; labour migration; policy feasibility; Germany; Sweden; n/a