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Part I Origins and Foundations of International Migration Law, 2 Founding Principles of International Migration Law

From: International Migration Law

Vincent Chetail

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 25 June 2024

Subject(s):
Migration — Immigration — Migrants — Non-discrimination — International law and international relations — Customary international law

This chapter focuses on the foundational principles of international migration law that are grounded on a dense and superimposed network of customary and conventional rules. While providing the general normative framework, this chapter unveils the internal logic of international migration law by governing the three constitutive components of the migration process: departure, admission, and stay of migrants. Topics covered include the right to leave any country in customary international law; admission of migrants under customary international law (including the principle of non-refoulement); the right to free movement of persons under regional agreements; immigration control and procedural guarantees under customary international law (such as the prohibition of arbitrary detention and of collective expulsion); the sojourn of migrants; and the impact of the principle of non-discrimination on the human rights of migrants.

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