Project

Global Migration Justice: Beyond conflicting approaches to migration in international human rights law

Acronym
MIGJUST
Code
41A03424
Duration
01 October 2024 → 30 September 2029
Funding
European funding: framework programme
Principal investigator
Research disciplines
  • Social sciences
    • Law not elsewhere classified
Keywords
Migration law
Other information
 
Project description

MIGJUST addresses the unacknowledged, fundamental conflict between the European Court of Human Rights, which in its migration case law adopts a sovereignty approach normalising sedentarism, and the Inter-American and African human rights Commission and Court which adopt a human rights approach normalising mobility. This fragmentation of international law also plays out in UN human rights Committees.

This fragmentation is not acknowledged in academic work, in which the European approach is assumed to represent the most advanced version of international law. This fragmentation is problematic because it undermines the international character of international law. Legal doctrine overlaps with political theory on migration justice, which focuses on Europe and North America, and does not acknowledge distinct positions developed in Latin American, African and Islamic political theory.

MIGJUST ends the hypothesised bias not merely by including Inter-American, African and UN case law and acknowledging their distinct positions; but by in addition linking European, Inter-American, African and UN case law to political theory.

MIGJUST will thus produce
-        a restatement of international human rights law doctrine in the field of migration which includes Inter-American, African and UN case law as well as European case law;
-        an analysis of the conflicting fundamental positions;
-        an analysis of how the conflict relates to divergent ideas on migration justice in European, North American, Latino, African and Islamic political theory;
-        legal doctrinal alternatives, inspired by non-ideal political and legal theory.

In doing so, MIGJUST makes
-        a fundamental academic contribution by ending the assumed European bias;
-        a fundamental contribution to legal practice by unlocking Inter-American, African and UN case law;
-        a fundamental contribution to international cooperation between states, IOs and INGOs by making their varying normative positions understandable to each other.

 
 
 
Disclaimer
Funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the European Research Council Executive Agency (ERCEA). Neither the European Union nor the authority can be held responsible for them.