Skip to main content
×
×
Home

The Possibilities of Global Migration Law

  • Peter J. Spiro (a1)
Extract

When I started teaching international law more than twenty years ago, it was still possible to be an international law generalist. In the U.S. legal academy, the likes of Henkin, Schachter, Franck, and McDougal covered the full range of public international law subjects. (Some even managed to stay on top of private international law, too.) Today, being an international law generalist is impractical; it's simply too difficult to keep current with the breadth of international law. From the scholar's perspective, it's a case of “be careful what you wish for.” A generalist international law orientation used to be possible because there was so little of it, both on the ground and in the scholarship. Those mid-century saplings—the various distinctive fields within international law—have grown to mature oaks, and expert knowledge of their many crevices and branches is beyond the capacity of any single observer. Not only does international law defy individual mastery, but the level of specialization now makes it difficult to talk across these different areas. My colleague in international criminal law might as well be a domestic family law person for purposes of professional points of connection. We both attend the ASIL Annual Meeting, but we no longer really speak the same language.

  • View HTML
    • Send article to Kindle

      To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

      Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

      Find out more about the Kindle Personal Document Service.

      The Possibilities of Global Migration Law
      Available formats
      ×
      Send article to Dropbox

      To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

      The Possibilities of Global Migration Law
      Available formats
      ×
      Send article to Google Drive

      To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

      The Possibilities of Global Migration Law
      Available formats
      ×
Copyright
This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.
References
Hide All

2 See Jaya Ramji-Nogales, Migration Emergencies, 68 Hastings L.J. 100 (2017).

3 Catherine Dauvergne, Sovereignty, Migration and the Rule of Law in Global Times, 67 Modern L. Rev. 588 (2004).

4 But see, e.g., Jagdish Bhagwati, Borders Beyond Control, Foreign Aff. (Jan.-Feb. 2003) (proposing a World Migration Organization).

5 See Jaya Ramji-Nogales, Undocumented Immigrants and the Failures of Universal Individualism, 47 Vand. J. Transnat'l L. 699, 752–54; Nathan R. Blank, Making Migration Policy: Reflections on the Philippines’ Bilateral Labor Agreements, 3 Asian Pol. & Pol'y 185 (2011).

7 See Ramji-Nogales, supra note 2, at 133–136.

8 See, e.g., Somini Sengupta, Europe Banks on Incentives and Persuasion to Keep Migrants Home, N.Y. Times (Nov. 11, 2015).

9 See, e.g., Gutierrez et al., supra note 6, at ch. 1 (describing the history of bilateral work agreements between the United States and Mexico dating back to 1909).

10 See, e.g., Alexander Betts & Lucie Cerna, High-Skilled Labor Migration, in Global Migration Governance 60, 66–67 (Alexander Betts ed., 2011).

11 See Global Forum on Migration & Development, GFMD Process.

12 See International Organization for Migration, Regional Consultative Processes on Migration.

13 Lesley Wexler has undertaken an interesting analysis situating the regional consultative processes in a soft law frame. See Lesley Wexler, The Role of Human Rights in Migration Regional Constative Processes, 106 ASIL Proc. 65 (2012); Lesley Wexler, The Non-Legal Role of International Human Rights Law in Addressing Immigration, 2007 U. Chi. Legal F. 359, 377–81 (2007).

15 Hirsi Jamaa and others v. Italy, App. No. 27765/09, Eur. Ct. H.R. (2012).

16 Case Concerning Ahmadou Sadio Diallo (Guinea v. Dem. Rep. Congo), 2010 ICJ Rep. 639, paras. 65–67, 161 (Nov. 30).

17 New York Declaration for Refugees and Migrants, GA Res. 71/1 (Sept. 19, 2016).

18 See, e.g., Hein de Haas, Refugees: A Small and Relatively Stable Proportion of Migrants (Aug. 22, 2016).

19 Hirsi Jamaa and others v. Italy, App. No. 27765/09, Eur. Ct. H.R. (2012); but see Sale v. Haitian Centers Council, 113 S.Ct. 2549 (1993).

20 Notably, by interpreting the right to enter one's “own country” under Article 12(4) of the International Covenant on Civil and Political Rights to include long-term residents lacking nationality in some cases. See Nystrom v. Australia, UN Doc. CCPR/C/102/D/1557/2007 (July 18, 2011).

21 See Ramji-Nogales, supra note 5, at 737–738 (describing European Court of Human Rights jurisprudence).

22 See, for example, the Human Rights Watch portal page for migrant-related issues, Migrants, Human Rights Watch.

23 To include stateless persons. See UNGA Res. 61/137 para. 4 (Dec. 19, 2006); UNHCR, Note on the Mandate of the High Commissioner for Refugees and His Office 8 (Oct. 2013).

25 See Peter J. Spiro, A New International Law of Citizenship, 105 AJIL 694 (2013).

26 See, e.g., Wexler, Non-Legal Role of International Human Rights Law, supra note 13, at 377 (describing how human rights have been incorporated into work of regional consultative processes).

Recommend this journal

Email your librarian or administrator to recommend adding this journal to your organisation's collection.

AJIL Unbound
  • ISSN: -
  • EISSN: 2398-7723
  • URL: /core/journals/american-journal-of-international-law
Please enter your name
Please enter a valid email address
Who would you like to send this to? *
×

Metrics

Altmetric attention score

Full text views

Total number of HTML views: 0
Total number of PDF views: 0 *
Loading metrics...

Abstract views

Total abstract views: 0 *
Loading metrics...

* Views captured on Cambridge Core between <date>. This data will be updated every 24 hours.

Usage data cannot currently be displayed