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Opening up a new chapter of law‐making in international law: The Global Compacts on Migration and for Refugees of 2018.

Source :
European Law Journal; Jul2020, Vol. 26 Issue 3/4, p226-244, 19p
Publication Year :
2020

Abstract

The endorsement/affirmation of the Global Compact on Migration and the Global Compact for Refugees in December 2018 has been accompanied by an intense discussion about the need to introduce new norms in these fields and about the actual legal force of the respective provisions. There was and there persists an open contrast between the openly declared non‐bindingness of these Compacts and the widespread fear that they would either severely constrain national sovereignty in highly delicate areas or dilute arduously achieved standards (especially with regard to refugee law). Eventually, this whole discussion leads to the question about the meaning and the status of soft law in international law. With regard to the European Union, the transformative impact of the Global Compacts will depend on whether the EU further proceeds on its path of "emancipation" from international law while internally finding no consensus on the values here at issue. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
13515993
Volume :
26
Issue :
3/4
Database :
Complementary Index
Journal :
European Law Journal
Publication Type :
Academic Journal
Accession number :
152229092
Full Text :
https://doi.org/10.1111/eulj.12376