Groningen Journal of International Law

International Law Under Construction


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International Law and Migration: Strategies for Protection

By Liliana Lyra Jubilut and Rachel de Oliveira Lopes |lljubilut@gmail.com  rachel_lopes@yahoo.com.br

For all its specialisation in its contemporary phase after World War II and the granting of a special status to human rights, international law still lacks a comprehensive architecture for the protection of migrants. The only advanced regime relates to the protection of refugees, while the Convention on the Protection of Rights of All Migrant Workers and Members of Their Families is the least ratified treaty among the core instruments of human rights, not counting with the commitment of any major migrant-receiving Western State.

Furthermore, even though the processes of negotiation and creation of a Global Compact on Safe, Regular and Orderly Migration (by States) and a Global Compact on Refugees (by UNHCR), are under way, the creation of hard norms on either migration governance or the protection of migrants has not advanced and there is as of yet no consensus on the topic, as the USA’s resignation from the Migration Compact shows.

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