Effects of International Law on Migration Policy and Practice: The uses of Hypocrisy

Abstract

Classical learning recognizes no role for international law in affecting migration policy and practice, but in modern times the salutary effects are increasing, although they remain modest. International law influences migration policy primarily through effective invocation of various forms of “soft law” in internal and international political forums. More limited prospects exist for beneficial changes enforced by international institutions and domestic courts. The article cautions against inflated expectations in the latter settings, however, particularly because overly ambitious claims can be counterproductive. It then offers a few predictions about near-term effects of international law, having to do with departures from a country, refugee law and the integration of migrants into their new homelands.