{"title":"Opening up a new chapter of law-making in international law: The Global Compacts on Migration and for Refugees of 2018","authors":"Peter Hilpold","doi":"10.1111/eulj.12376","DOIUrl":null,"url":null,"abstract":"<p>The endorsement/affirmation of the Global Compact on Migration and the Global Compact for Refugees in December 2018 has been accompanied by an intense discussion about the need to introduce new norms in these fields and about the actual legal force of the respective provisions. There was and there persists an open contrast between the openly declared non-bindingness of these Compacts and the widespread fear that they would either severely constrain national sovereignty in highly delicate areas or dilute arduously achieved standards (especially with regard to refugee law). Eventually, this whole discussion leads to the question about the meaning and the status of soft law in international law. With regard to the European Union, the transformative impact of the Global Compacts will depend on whether the EU further proceeds on its path of “emancipation” from international law while internally finding no consensus on the values here at issue.</p>","PeriodicalId":47166,"journal":{"name":"European Law Journal","volume":null,"pages":null},"PeriodicalIF":1.4000,"publicationDate":"2021-02-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1111/eulj.12376","citationCount":"5","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"European Law Journal","FirstCategoryId":"90","ListUrlMain":"https://onlinelibrary.wiley.com/doi/10.1111/eulj.12376","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
引用次数: 5
Abstract
The endorsement/affirmation of the Global Compact on Migration and the Global Compact for Refugees in December 2018 has been accompanied by an intense discussion about the need to introduce new norms in these fields and about the actual legal force of the respective provisions. There was and there persists an open contrast between the openly declared non-bindingness of these Compacts and the widespread fear that they would either severely constrain national sovereignty in highly delicate areas or dilute arduously achieved standards (especially with regard to refugee law). Eventually, this whole discussion leads to the question about the meaning and the status of soft law in international law. With regard to the European Union, the transformative impact of the Global Compacts will depend on whether the EU further proceeds on its path of “emancipation” from international law while internally finding no consensus on the values here at issue.
期刊介绍：
The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.
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