Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America
The field of global migration law looks beyond international law to incorporate all levels of the law, including the regional. This essay explores the regional regulation of mobility, which has indeed become a central subject of discussion and academic analysis. The expansion of human rights law cou...
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| Format: | Article |
| Language: | English |
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Cambridge University Press
2017-01-01
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| Series: | AJIL Unbound |
| Online Access: | https://www.cambridge.org/core/product/identifier/S239877231700037X/type/journal_article |
| _version_ | 1811157360317562880 |
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| author | Diego Acosta |
| author_facet | Diego Acosta |
| author_sort | Diego Acosta |
| collection | DOAJ |
| description | The field of global migration law looks beyond international law to incorporate all levels of the law, including the regional. This essay explores the regional regulation of mobility, which has indeed become a central subject of discussion and academic analysis. The expansion of human rights law coupled with the explosion of regional processes of integration are the two most important phenomena that have limited the state's capacity to restrict the entry of foreigners and their rights. It should come as no surprise that regional agreements facilitating mobility have proliferated and now involve around 120 countries, either at a bilateral or multilateral level. For one thing, most global migration is regional, whether in Europe, Africa, Asia, or Southern and Central America. In addition, regional instruments can be agreed on more rapidly and, in principle, introduce higher standards of protection and rights due to the more limited number of actors involved in the negotiations. There is, of course, huge variation across regions as to the degree of development of the various agreements, the categories of individuals entitled to mobility and equal treatment and their effective application and enforcement mechanism devices. |
| first_indexed | 2024-04-10T05:05:00Z |
| format | Article |
| id | doaj.art-9868b94acf574b7ab09c243b9311a57a |
| institution | Directory Open Access Journal |
| issn | 2398-7723 |
| language | English |
| last_indexed | 2024-04-10T05:05:00Z |
| publishDate | 2017-01-01 |
| publisher | Cambridge University Press |
| record_format | Article |
| series | AJIL Unbound |
| spelling | doaj.art-9868b94acf574b7ab09c243b9311a57a2023-03-09T12:27:10ZengCambridge University PressAJIL Unbound2398-77232017-01-0111115916410.1017/aju.2017.37Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South AmericaDiego Acosta0Reader in European and Migration Law at the University of Bristol. I would like to thank Malcolm Evans for comments on a previous draft as well as the suggestions by the Journal´s editors.The field of global migration law looks beyond international law to incorporate all levels of the law, including the regional. This essay explores the regional regulation of mobility, which has indeed become a central subject of discussion and academic analysis. The expansion of human rights law coupled with the explosion of regional processes of integration are the two most important phenomena that have limited the state's capacity to restrict the entry of foreigners and their rights. It should come as no surprise that regional agreements facilitating mobility have proliferated and now involve around 120 countries, either at a bilateral or multilateral level. For one thing, most global migration is regional, whether in Europe, Africa, Asia, or Southern and Central America. In addition, regional instruments can be agreed on more rapidly and, in principle, introduce higher standards of protection and rights due to the more limited number of actors involved in the negotiations. There is, of course, huge variation across regions as to the degree of development of the various agreements, the categories of individuals entitled to mobility and equal treatment and their effective application and enforcement mechanism devices.https://www.cambridge.org/core/product/identifier/S239877231700037X/type/journal_article |
| spellingShingle | Diego Acosta Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America AJIL Unbound |
| title | Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America |
| title_full | Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America |
| title_fullStr | Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America |
| title_full_unstemmed | Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America |
| title_short | Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America |
| title_sort | global migration law and regional free movement compliance and adjudication the case of south america |
| url | https://www.cambridge.org/core/product/identifier/S239877231700037X/type/journal_article |
| work_keys_str_mv | AT diegoacosta globalmigrationlawandregionalfreemovementcomplianceandadjudicationthecaseofsouthamerica |