Comparative International Law: Enhancing Migration Law Enquiry?

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Abstract

This article demonstrates what comparative international law (CIL) can contribute to the field of international migration law (IML). It is not an exhaustive overview of the value of a CIL approach; rather, through indicating some of the possibilities of CIL, it provokes thought as to how CIL could enhance IML enquiry. Before turning to the migration context, the key tenets of CIL are outlined. Then, I argue, using examples drawn from my ongoing research, that CIL can provide a more holistic and fine-grained understanding of IML. Moreover, CIL can offer insight into how discrete IML regimes interact within States. The assessment explores the possibilities and limitations of such an approach. I conclude by calling for increased reflection on the possibilities of CIL as a methodological approach within the field of IML.
Original languageEnglish
Pages (from-to)149-165
Number of pages17
JournalInternational Journal of Migration and Border Studies
Volume7
Issue number2
Early online date27 Jan 2023
DOIs
Publication statusPublished online - 27 Jan 2023

Keywords

  • international law
  • international migration law
  • IML
  • comparative international law
  • CIL
  • comparative research
  • refugees
  • non-refoulement
  • United Nations Treaty Bodies
  • UNTBs

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