- Name the subjects, sources and branches of international migration law (IML)
- Identify the key instruments under each branch of IML
- Explain the key legal principles and rights, and the migrant populations these instruments aim to protect
- Describe how IML is relevant for policymaking on migration at the national level
- Explain how the relevant monitoring mechanisms (including human rights mechanisms) protect migrant rights
- Explain how regional systems contribute to the implementation of IML
Summary
Learning Objective
Learning objectives
Introduction
What is international migration law?
International migration law (IML) is the branch of international law that deals with the movement of persons across borders. IML establishes the general and specific legal norms that apply to such movement. It sets the international principles and rules that specify the rights and duties of States in the field of migration, as well as the rights and duties of migrant populations.
IML is itself composed of various branches of international law, so IML is more of an umbrella term. IML gathers together different international law instruments that have been developed and adopted by States.
Migrants are rights holders, like all humans, entitled to rights under international, regional and national law. As rights holders, they also have a duty to abide by the rule of law and respect the national laws and regulations of transit and destination countries, which States have the sovereignty to establish.
Figure 1 illustrates the content of IML.
Image / Video
Figure 1. Content of international migration law
Source
Dufvenmark, 2015: 78.