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International Migration as Absolute Natural Law: An Inquiry into International Migration from the Perspective of Legal Philosophy

Ernst, Maximilian (2016) International Migration as Absolute Natural Law: An Inquiry into International Migration from the Perspective of Legal Philosophy. Yonsei Journal of International Studies, 8 (1). pp. 14-29.

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    Abstract

    This paper investigates to what extent international migration law is coherent with the concept of migration as a natural human right. Based on the assumption that migration is an inherently human behavior, beneficial to humankind, and therefore natural law, an analysis of the most prominent sources of international migration law is undertaken. The result of the analysis shows that modern international migration law is largely in line with the concept of natural law, and that the criminalization of migration happens on the domestic level, where economic and populist motivations inform policy makers and shape the law.

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    Item Type: Article
    Uncontrolled Keywords: International Law, Migration, Criminalization, legal philosophy, migration policy
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    Other international institutions > UN
    EU policies and themes > Policies & related activities > Third Pillar/JHA/PJCC/AFSJ > immigration policy
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Depositing User: Maximilian Ernst
    Official EU Document: No
    Language: English
    Date Deposited: 14 Jan 2020 11:06
    Number of Pages: 16
    Page Range: pp. 14-29
    Last Modified: 14 Jan 2020 11:06
    URI: http://aei.pitt.edu/id/eprint/102271

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