111 AJIL Unbound 1 (2017-2018)

handle is hein.journals/ajilunbo111 and id is 1 raw text is: 

doi:10.1017 /aju.2017.14


                                     Jaya Ramji-Nogales* and Peterfj Spirot

  In our modern  world, migrants are both highly visible and deeply invisible, from those undertaking dangerous
voyages in overcrowded  boats who dominate  contemporary  headlines, to those who toil unseen in farms, restau-
rants, and construction sites. What is the role of international law in governing their movement? The answer is that
international law has surprisingly little to say about the transborder movement  of people. The  principle of
non-refoulement  offers the most robust governance  site, but its scope is quite limited with respect to who falls
within its parameters and the access and process to which they are entitled. Other areas of international law that
appear relevant, such as international trade law, international labor law, and the law of the sea similarly present little
by way of migration governance. As a result, there are massive flows of human beings whose travel is barely reg-
ulated, let alone coordinated, by international law.
  These  essays are the first part of a three-part symposium responding to this gap in the law, starting from the
premise that international migration law needs to be radically redesigned. To that end, the essays engage with the
idea of a new scholarly field of inquiry: global migration law. We begin with the following definition created at a
November   2016  experts' workshop hosted  by the Rockefeller Foundation's Bellagio Center:

       Scholars  of global migration   law  seek to understand the relationship between transnational
       human   mobility and  all levels of the law. The field of global migration law explores transnational move-
       ment of people defined broadly. It covers a broad temporal scope, from causal factors and motivations for
       migration to exit, transit, entry, reception, and integration. Global migration law questions the constraints
       and shortcomings  of the primary contemporary governance  structure, international refugee law, and seeks
       to explore the legal space beyond that regime. The field identifies current structures as historically contin-
       gent artifacts of a sovereignty-based global system in need of reform. It begins from a migrant-centered
       perspective, understanding the migrant as a multidimensional human  being with a complex set of needs,
       interests, and contributions. The field focuses on cross-border migration, examining domestic movement
       of people only as it relates to transnational movement. The term mobility implicates human capability as
       distinct from movement. It also pushes back against the assumption that migration is the optimal solution
       to the situations faced by potential migrants, underscoring the field's relationship with development and
       global socioeconomic structures. Global migration law includes all levels of the law: international, regional,
       bilateral, transnational, national, and subnational, state and non-state, as well as law's impact in its gaps and
       absences. Because  the relevant international law is fragmented  and  relatively thin, the field is best
       approached  as a legal ecosystem. Global migration law also examines  the mechanisms   through which
       law is made and implemented  on the ground. The field is necessarily interdisciplinary, drawing on empirical
       and qualitative social sciences, and emphasizes the importance of perspectives and research from immi-
       grant source-states and the global South.

   * I. Herman Stern Professor of Law at Temple University Beasley School of Law.
   t Charles R Weiner Professor of Law at Temple Universig Beasley School of Law.

          The American Society of International Law and Jaya Ramji-Nogales and Peter Spiro O 2017. This is an Open Access article,  1
          distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/1icenses/by/4.0/), which
            permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

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