(Ab)normality of international migration law: normative and structural asymmetries and contradictions

Molnár, Tamás (2015) (Ab)normality of international migration law: normative and structural asymmetries and contradictions. In: Blog symposium of the European Society of International Law Interest Group on Migration and Refugee Law, 2015. május 11-17., online.

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Abstract

International migration law (hereinafter: IML) is a multi-layered body of law. It is composed of an ever-growing number of norms relating to various branches of international law such as human rights law, international refugee law, international labour law, international trade law, law of the sea, nationality law, diplomatic and consular protection, and international humanitarian law. Despite this rich normative content, these norms and principles do not constitute a logically structured, coherent and integrated system. That is why some refer to IML as “substance without architecture” or describe it as a “giant unassembled juridical jigsaw puzzle, [in which] the number of pieces is still uncertain and the grand design is still emerging”. It is thus not surprising that there exists no worldwide codification regulating all legal aspects of migration. The only universal instrument is UNGA Declaration No 40/144 of 1985 on the human rights of individuals who are not nationals of the country in which they live, but this is a non-binding soft law instrument. Neither does the definition of the term ”migrant” exist under general international law. Against this backdrop, this blog entry endeavours to give the readers a comprehensive insight into the most striking normative as well as structural asymmetries and contradictions in IML.

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