The politics of soft law
Progress and pitfall of the global compact for safe, orderly, and regular migration
Bibliographic Data
| ID | 13136602 |
|---|---|
| Authors | Vincent Chetail (0000-0002-6012-8001, Graduate Institute of International and Development Studies, corresponding author) |
| Year | 2023 |
| Volume | 5 |
| Publication date | 2023-09-29 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Frontiers in Human Dynamics (JOURNAL) |
| Journal identifiers | ISSN: 2673-2726 • E-ISSN: 2673-2726 |
| Publisher | Frontiers Media (PUBLISHER • CH) |
| DOI | 10.3389/fhumd.2023.1243774 |
| OpenAlex | W4387165703 |
| Language | EN |
| Citations received | 3 |
| References cited | 16 |
The Global Compact for Safe, Orderly and Regular Migration (GCM) epitomizes the potential and the limits of soft law in promoting global migration governance. While being a catalyst of multilateralism, the use of soft law remains highly ambiguous and must thus be approached with caution. At the same time, the GCM operates as a counter-narrative to populism insofar as it proposes a collaborative framework to develop global migration governance. Yet, its implementation record remains disappointing, and the last review carried out within the UN General Assembly signals a return of realpolitik . This calls for a vigilant plea toward a principled implementation of the GCM with due regard to the commitments of states contained therein, as well as to their legal duties under international law. Following this stance, soft law and hard law are not mutually exclusive, but rather mutually reinforcing, provided they are implemented in a cogent and integrated way. The GCM can make a difference on the ground if, and only if, it works in tandem with legally binding norms and instruments. If not, it may eventually become nothing else than a mere smokescreen, if not a masquerade, for the patent violations of migrants' rights
Corporate governance · Economics · Epistemology · Hard law · International law · Law and economics · Multilateralism · Nothing · Plea · Political science · Politics · Populism · Realpolitik · Sociology · Soft law · Law · Migration and Labor Dynamics · Migration, Racism, and Human Rights · Migration, Refugees, and Integration
Towards a Mobile and Diverse World
Crisis Without Borders
The ILO and the Global Compact for Safe, Orderly and Regular Migration
The Global Compact for Safe, Orderly and Regular Migration
A new dawn for the human rights of international migrants? Protection of migrants’ rights in light of the UN's SDGs and Global Compact for Migration
Narrating an ideal migration world? An analysis of the Global Compact for Safe, Orderly and Regular Migration
Protecting and Benchmarking Migrants’ Rights
From Zero to Hero? An analysis of the human rights protections within the Global Compact for Safe, Orderly and Regular Migration (GCM)
Strengthening the Soft International Law of Exchange Arrangements
The UN Global Compacts on Migration and Refugees
A global view on the Global Compact for Migration - Introduction
From Complementarity to Convergence
Through the Looking-Glass
| Unique citing works | 3 |
|---|---|
| Citations per year | 3 |
| Citation span | 2025 - 2025 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 3 |