INTERNATIONAL MIGRATION LAW

International Migration Law



International Migration Law

Introduction

International migration is a process in which people travel from one border to another and stay for certain time period legally. The reasons behind international migration may include employment opportunities, education, law and order situation in a country, living with family members etc. As per system international migrants are divided into several groups namely temporary and permanent migrants, refugees, siblings, protection seekers, forceful migration, skilled and unskilled migrants.

International laws are established for governing legal relationships across all States and countries. Previously migration was limited till national level and only national laws were used in this regard. The concept of globalization and mobilization introduced the concept of migration at international level and gradually all countries worked with regard to regional and international cooperation agenda. The International Migration law took birth as a result of this struggle and it is being developed and altered as per changing needs of international laws and cooperation. These laws are shaped by international obligations and duties as per country's legislative structure. However, there are certain limits and restrictions on migration laws imposed by each country. The core areas of international migration laws are human rights, human trafficking, migrant rustling, duty regarding provision of consular access to non residents, duties pertaining to acceptance of country's residents that have returned, and particular fields that address specific international migrants issues like labor migration.

Historical and Legal Background

The migration process has been existed from the time of existence of human on earth. People in history have been migrating in form of families, tribes, or alone or individually for sake of protection, food, and the mental needs. The concept of international migration has also emerged from the older concept but developed gradually over time due to rearrangement of geopolitical landscape and authoritative forces of every location and area. The affect of treaty of Westphalia (1648) is considered as a core element in the development of international migration and the subsequent two centuries witnessed freedom in term of traveling various areas within a State. This era also witnessed the extent of hospitality offered by residents of a location various people during this process. This was also shown in works and researches of great scholars during eighteenth and nineteenth centuries pertaining to the development of international laws with respect to trading across borders and related activities. However, the migration law was not that developed during this time period due to lack of involvement of people in this migrating or traveling across borders.

The exceptional revolution came along Industrial revolutionary era that attracted everyone's interest towards new world and sources of exploring new world. This era witnessed significant level of migration from Europe and Asia. Gradually the troops of Asian were restricted to enter States due to racism concerns and USA started to implement the laws and legislative framework that hindered the Asians' entry. Therefore in 1891 court took the formal decision of excluding foreigners from country in case they impose any threat to the peace of ...