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

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 t...

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Gepubliceerd in: MDPI - Multidisciplinary Digital Publishing Institute 2023
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collection Directory of Open Access Books
description 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.
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spelling doab-20.500.12854ir-1001082024-03-30T23:23:27Z Rule of Law and Human Mobility in the Age of the Global Compacts Panizzon, Marion Vitiello, Daniela Molnar, Tamas Afghanistan India refugees non-refoulment refugee convention UNHCR Global Compacts non-regression non-discrimination rule of law human rights Common European Asylum System (CEAS) EU asylum and migration law Court of Justice of the EU EU Member States border procedures 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 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 labour migration policy feasibility Germany Sweden n/a thema EDItEUR::L Law 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. 2023-05-11T17:21:12Z 2023-05-11T17:21:12Z 2023 book ONIX_20230511_9783036572062_125 9783036572062 9783036572079 https://directory.doabooks.org/handle/20.500.12854/100108 eng image/jpeg Attribution 4.0 International https://mdpi.com/books/pdfview/book/7201 https://mdpi.com/books/pdfview/book/7201 MDPI - Multidisciplinary Digital Publishing Institute 10.3390/books978-3-0365-7207-9 10.3390/books978-3-0365-7207-9 46cabcaa-dd94-4bfe-87b4-55023c1b36d0 9783036572062 9783036572079 170 Basel open access
spellingShingle Afghanistan
India
refugees
non-refoulment
refugee convention
UNHCR
Global Compacts
non-regression
non-discrimination
rule of law
human rights
Common European Asylum System (CEAS)
EU asylum and migration law
Court of Justice of the EU
EU Member States
border procedures
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
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
labour migration
policy feasibility
Germany
Sweden
n/a
thema EDItEUR::L Law
Rule of Law and Human Mobility in the Age of the Global Compacts
title Rule of Law and Human Mobility in the Age of the Global Compacts
title_full Rule of Law and Human Mobility in the Age of the Global Compacts
title_fullStr Rule of Law and Human Mobility in the Age of the Global Compacts
title_full_unstemmed Rule of Law and Human Mobility in the Age of the Global Compacts
title_short Rule of Law and Human Mobility in the Age of the Global Compacts
title_sort rule of law and human mobility in the age of the global compacts
topic Afghanistan
India
refugees
non-refoulment
refugee convention
UNHCR
Global Compacts
non-regression
non-discrimination
rule of law
human rights
Common European Asylum System (CEAS)
EU asylum and migration law
Court of Justice of the EU
EU Member States
border procedures
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
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
labour migration
policy feasibility
Germany
Sweden
n/a
thema EDItEUR::L Law
topic_facet Afghanistan
India
refugees
non-refoulment
refugee convention
UNHCR
Global Compacts
non-regression
non-discrimination
rule of law
human rights
Common European Asylum System (CEAS)
EU asylum and migration law
Court of Justice of the EU
EU Member States
border procedures
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
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
labour migration
policy feasibility
Germany
Sweden
n/a
thema EDItEUR::L Law
url ONIX_20230511_9783036572062_125