International migration law is a complex and evolving field of law that governs the movement of people across borders. It is grounded in existing rules and principles that are legally binding for states. The principles of international migration law are based on the mutual interests of states and the rights of individuals. Here are some of the key principles of international migration law:
1. Non-refoulement: This principle prohibits states from returning refugees or asylum seekers to a country where they may face persecution or harm. It is a fundamental principle of international refugee law and is also recognized as a customary norm of international law.
2. Family reunification: This principle recognizes the right of family members to be reunited with their loved ones who have migrated to another country. It is recognized as a human right under international law and is enshrined in various international instruments, including the International Covenant on Civil and Political Rights and the Convention on the Rights of the Child.
3. Sovereignty: This principle recognizes the right of states to control their borders and regulate the entry and stay of non-citizens. It is a fundamental principle of international law and is enshrined in the UN Charter.
4. Human rights: This principle recognizes the inherent dignity and worth of every human being and requires states to respect and protect the human rights of all migrants, regardless of their status. It is enshrined in various international instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
5. Cooperation: This principle recognizes the need for states to work together to address the challenges and opportunities of international migration. It is enshrined in various international instruments, including the Global Compact for Safe, Orderly and Regular Migration.
These principles are not mutually exclusive and must be balanced in order to ensure a fair and just system of international migration. They reflect the potential and the limits of our current international legal system and provide a nuanced and rational account of migration as a topical issue of international concern.
Chetail, V. (2019). International Migration Law. Oxford University Press. – International Organization for Migration. (2018).
Glossary on Migration. Retrieved from https://publications.iom.int/system/files/pdf/iml_34_glossary.pdf – United Nations. (2018).
Global Compact for Safe, Orderly and Regular Migration. Retrieved from https://refugeesmigrants.un.org/migration-compact