International Migration Law Research Paper

International Migration Law
This paper discusses the International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families.
# 102023 | 2,442 words | 9 sources | MLA | 2008 | US


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Description:

In this article, the writer notes that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) is the most comprehensive international treaty for the protection of migrants' rights. The writer points out that it was conceived in the 1970s, and adopted by the United Nations' General Assembly and opened for ratification on 18 December 1990. The writer discusses that although the Convention entered into force in 2003 and is viewed by the Office of the High Commissioner for Human Rights as one of the core international human rights treaties, to date it has been ratified by just 37 states. Further, not a single major migrant-receiving state has ratified it. The writer examines the reasons for this lack of participation. The writer focuses on the most important legal principles embedded within the ICRMW, and compares them with the pre-existing national and international laws, in order to determine the basis for non-ratification.

Outline:
Introduction
History
Structure and Important Legal Principles
Obstacles to Ratification
Legal Obstacles
Political Obstacles
Conclusion

From the Paper:

"The second assertion, that the Convention provides too many rights to migrants might be disputed as well, since the rights that it provides have all been awarded in previous UN conventions and treaties. They are, in fact, internationally recognized human rights. While the legal obstacles mentioned above should not be simply disregarded, receiving states should be able to avoid them if the relevant provisions of the ICRMW are correctly applied.
"There are, however, more serious, country-specific legal obstacles, some of which might only be surmountable by amending national legislations or by opting out of the specific clause."

Sample of Sources Used:

  • Iredale, R. and N. Piper, "Identification of the Obstacles to the Signing and Ratification of the UN Convention on the Protection of the Rights of All Migrant Workers -The Asia-Pacific Perspective" (UNESCO, October 2003)
  • Lonnroth, J., "The International Convention on the Rights of All Migrant Workers and Members of Their Families in the Context of International Migration Policies: An Analysis of Ten Years of Negotiation" (1991) International Migration Review 710-736
  • MacDonald, Euan and Ryszard Cholewinski, "The Migrant Workers Convention in Europe" (UNESCO, 2007)
  • Niessen J. and P. Taran, "Using the New Migrant Workers' Rights Convention" (1991) International Migration Review 859-865
  • Office of the United Nations High Commissioner for Human Rights, The United NationsHuman Rights Treaty System, Fact Sheet No. 30

Cite this Research Paper:

APA Format

International Migration Law (2008, March 10) Retrieved October 24, 2020, from https://www.academon.com/research-paper/international-migration-law-102023/

MLA Format

"International Migration Law" 10 March 2008. Web. 24 October. 2020. <https://www.academon.com/research-paper/international-migration-law-102023/>

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