migration law assignments

• EMM2.0 Handbook
• International Migration Law

Branches of international migration law

Human rights law refers to the body of law establishing obligations to uphold   human rights at the   international, regional and national levels . The core principles of human rights are as follows:

• Universality and inalienability . Human rights apply to everyone and cannot be taken away or limited, except in specific situations and according to due process.
• Interdependency and indivisibility . Progress in one human right directly affects others. As such, human rights are inter-related, equal in importance, and none can be fully enjoyed without the others.
• Equality and non -discrimination . Thi s principle applies to all human rights and prohibits any discrimination based on any grounds. Human rights thus apply to migrants just as they apply to nationals in States that ratified the treaties (read more on the Principle of non-discrimination ).

While all actors contribute to the realization of human rights, States have the primary responsibility. As parties to the human rights treaties, States are obliged to:

• Respect , which means to refrain from interfering with the enjoyment of human rights;
• Protect individuals and groups against human rights violations; and
• Fulfil human rights by taking action to enable their enjoyment.

A number of human rights are today not only codified in treaty law, but also part of customary international law. So far, there are nine core international human rights instruments. Under each instrument, a committee (sometimes called a treaty body) of independent experts monitors the implementation of each treaty by States parties (details in United Nations human rights mechanisms ).

• I nternational Convention on the Elimination of All Forms of Racial Discrimination (1965)
• International Covenant on Civil and Political Rights (1966)
• International Covenant on Economic, Social and Cultural Rights (1966)
• Convention on the Elimination of All Forms of Discrimination against Women (1979)
• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984)
• Convention on the Rights of the Child (1989)
• International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
• International Convention for the Protection of All Persons from Enforced Disappearance (2006)
• Convention on the Rights of Persons with Disabilities (2006)

Some of the treaties are supplemented by optional protocols dealing with specific concerns, while the Optional Protocol to the Convention against Torture also establishes a committee of experts.

In very few cases, some specific rights make a distinction between nationals and non-nationals or require a lawful status of the migrant: for example, on the right to vote and be elected (for nationals) or the right to found trade unions (regular migrants and nationals). Also, there may be limitations to some human rights, while some human rights in certain cases may be progressively realized. In exceptional and few cases, States can also temporarily derogate from (that is, deviate from or suspend) human rights obligations (such as guaranteeing the right to peaceful assembly and free movement), but never from the core obligations or from jus cogens norms (such as non-discrimination, non-refoulement and prohibition of torture). These limitations or distinctions are all established and specified in the respective treaty. (For more information, see Human rights of migrants: An overview ).

• Office of the United Nations High Commissioner for Human Rights (OHCHR) and Global Migration Group (GMG), Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations , 2018.
• IOM, Protection of the Human Rights and Fundamental Freedoms of Migrants and the Specific Needs of Migrants in Vulnerable Situations , 2017.
• Office of the United Nations High Commissioner for Human Rights (OHCHR), Recommended Principles and Guidelines on Human Rights at International Borders , 2014a.
• IOM, Rights-based Approach to Programming , 2015. While developed for IOM, the methodology also applies to policy design, implementation and evaluation.

International labour law governs the rights and obligations of workers, employers, unions and States in the workplace. Social justice has long been considered crucial to the world’s peace. In 1919, States founded the International Labour Organization (ILO), which aims to establish, promote and monitor international labour standards.

The ILO is the only United Nations agency with a tripartite structure, bringing together representatives of governments, employers and workers. The ILO drafts conventions that become binding once they are in force and ratified by Member States. It also drafts recommendations that serve as non-binding guidelines. Among these numerous labour-related instruments, eight conventions are considered fundamental.

Note : This list is not exhaustive.

Together, the eight conventions enshrine a few core rights and principles that are so fundamental that all Member States are bound to respect and promote them, whether or not they have ratified the convention. They cover the following:

• Freedom of association and the effective recognition of the right to collective bargaining;
• Elimination of forced or compulsory labour;
• Abolition of child labour; and
• Elimination of discrimination with respect to employment and occupation.

These core rights and principles apply to all workers, including migrant workers . The need for “protection of the interests of workers when employed in countries other than their own” is specifically recognized in the ILO Constitution.

In addition, two ILO instruments have been specifically drafted to address labour migration and the protection of migrant workers.

Migration for Employment Convention (Revised), 1949  ( C097 ) and  Migrant Workers (Supplementary Provisions) Convention , 1975  ( C143 )

In its Advisory Opinion of 2003, the Inter-American Court of Human Rights (IACtHR) concluded that migrants , after being employed, acquire rights by virtue of being workers that should be recognized and guaranteed independently of whether their employment is regular or irregular ( IACtHR , 2003 ) .

The prohibition against discrimination is also a central pillar of international labour law. International labour standards apply to all, unless otherwise specified. For instance, the International Convention on the Rights of All Migrants Workers and Members of their Families (ICRMW) is very specific on the rights that apply to all migrant workers , versus the rights that apply only to migrant workers with regular status and to temporary migrant workers.

All migrant workers benefit from protection against slavery, forced and compulsory labour and other forms of abuse and exploitation at the workplace, and the right to decent work, regardless of migration status.

The 1966 International Covenant on Economic, Social and Cultural Rights enshrines, for all, the right to work and the right to the enjoyment of just and favourable conditions of work (articles 6 and 7). However, States by virtue of their sovereignty can adopt legislation on the conditions and criteria for non-nationals to be allowed to work on their territory. Below is a non-exhaustive list of references in Treaties and by Treaty Bodies specifying equal rights at the workplace for all, including migrants.

(See more on the Principle of non-discrimination and its impact on migration governance .)

• International Labour Organization (ILO), Applying and Promoting International Labour Standards: Technical Assistance and Training . For States struggling to meet their obligations under ratified instruments, ILO provides technical assistance and training to address problems in legislation and application of standards.

Refugee law refers to the set of rules that establishes the protection by the international community for individuals who have crossed an international border and are at risk of persecution in their country of origin. Refugee law clarifies who shall be granted international protection and prescribes the rights to which they are entitled.

At the international level, the main legal instruments are the Convention relating to the Status of Refugees (1951) and its Protocol relating to the Status of Refugees (1967). The 1967 Protocol broadens the geographical and dateline applicability of the 1951 Convention, by removing the 1951 limit related to events occurring in Europe before 1 January 1951.

The 1951 Convention relating to the Status of Refugees states that:

No Contracting State shall expel or return (“refouler”) a refugee in any manner whatsoever to the frontiers of territories where his [or her] life or freedom would be threatened on account of his [or her] race, religion, nationality, membership of a particular social group or political opinion.

Refugee Convention, Article 33 (1)

The 1951 Convention defines a refugee as a person who:

• Is outside his or her country of nationality or habitual residence ;
• Has a well-founded fear of being persecuted because of race, religion, nationality, membership of a particular social group, or political opinion; and
• Is unable or unwilling to avail himself or herself of the protection of that country, or to return there, for fear of persecution.

As refugees are not protected by their own governments, the international community steps in. Under international law and through the legal regime of refugee protection, the international community, in cooperation with receiving countries, provides protection to refugees. This includes women, men, girls, boys and gender non-conforming adults and children.

However, according to the Refugee Convention, some persons, even though they would qualify as refugees, would still be excluded from refugee protection. This is the case if the refugee:

• has committed a crime against peace, a war crime, a crime against humanity or a serious non-political crime outside their country of refuge; or
• is guilty of acts contrary to the purposes and principles of the United Nations.

The cornerstone of protection under refugee law is the principle of non-refoulement . This principle prohibits the return of a person to a territory where his or her life or freedom is at real risk of irreparable harm due to persecution. This principle is enshrined in article 33 of the 1951 Convention and is also considered a rule of customary international law, binding all States regardless of whether they are party to the 1951 Convention or not. Unlike some other articles of the 1951 Convention, the non-refoulement provision allows for no reservations. As well, it applies whether or not the refugee is a lawful resident in the territory of a contracting State. However, according to the 1951 Convention, asylum seekers and recognized refugees who constitute a danger to the security of the receiving country or to its community are excluded from the refugee protection. Nonetheless, these persons are protected from refoulement under customary international law applicable to all States, and cannot be returned to places where they are at risk.

In addition to the 1951 Convention, refugees are also protected by international human rights law. States are responsible for determining the status of refugees, and for protecting the rights of refugees. Furthermore, the 1951 Refugee Convention refers to the supervisory role of the United Nations High Commissioner for Refugees (UNHCR) and requires States to cooperate with UNHCR in ensuring that the rights of refugees are respected and protected.

At the global level, UNHCR has the authority to interpret the definition of “refugee”, as well as the protection regime established under the 1951 Refugee Convention. It has done so through its Guidelines on International Protection.

Regional and national definitions of the term refugee can be broader than the one found in the 1951 Convention. There are some regional legal instruments that define and provide for a regional refugee protection regime. Thus, the same person can be recognized as a refugee or not, depending on the regional instrument or national legislation that is being applied.

• United Nations High Commissioner for Refugees (UNHCR), Handbook on Procedures and Criteria for Determining Refugee Status and Guidelines on International Protection under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees , 2019.
• Nicholson, F. and J. Kumin, A Guide to International Refugee Protection and Building State Asylum Systems (Handbook for Parliamentarians No. 27) , 2017.

While refugees are protected under refugee law, international law has evolved since 1951, establishing the need for a continuum of protection going beyond the 1951 Convention definition of a refugee. The principle of non-refoulement has subsequently been extended by human rights law. It now applies to all people – including migrants and regardless of status – for whom there are substantial grounds to believe that they would be at risk of irreparable harm to life or liberty if sent back to their country of origin (see details on what constitutes such a risk under Customary international law ). Several States also offer   complementary or subsidiary protection to people who fall outside the definition of the 1951 Convention, such as for humanitarian reasons and/or under international human rights law. (Further details on the Protection against refoulement and other obligations of States on civil and political rights  in Human rights of migrants: An overview .)

Transnational criminal law deals with crimes that involve more than one country in their origin, prevention and (direct and indirect) impacts ( United Nations, 1995 ).

In some cases, even if the offence occurs in a single State, it will still be transnational if a substantial part of its preparation, planning, direction or control takes place in another State, or if it has substantial effects in another State. Typical examples of transnational crimes include terrorist acts, trafficking in persons , smuggling of migrants , illicit manufacturing and trafficking of arms, aircraft hijacking, sea piracy, computer crimes and environmental crimes.

With regard to international migration law (IML), the main relevant convention is the United Nations Convention Against Transnational Organized Crime (UNCTOC), and in particular its two supplementary protocols: Protocol to Prevent, Suppress, and Punish Trafficking in Persons Especially Women and Children (Trafficking Protocol); and Protocol against the Smuggling of Migrants by Land, Sea, and Air (Smuggling Protocol).

Both protocols establish obligations for States to criminalize human trafficking and the smuggling of migrants. They provide a definition of the crimes, and establish the obligations for States to criminalize the acts, undertake border control measures and to collaborate to prevent, investigate and prosecute the criminalized acts. They also contain a rights-based framework for the protection of people who have been trafficked or smuggled. These rights include non-discrimination, non-refoulement, non-criminalization of the victim or person, and safety, assistance, protection and recovery.

It is important to bear in mind that:

• The definition of trafficking given in the Trafficking Protocol gives some examples of exploitation , but it is not all inclusive.
• For trafficking of children, the definition requires only the act and the purpose of exploitation; in this instance, the means is irrelevant.
• The Trafficking Protocol also recognizes the need for victims’ protection and assistance. At regional and national level, legal instruments go further, providing for specific States’ obligations in the field of victims’ protection and assistance.
• The definition of smuggling of migrants does not cover those who help migrants to cross borders irregularly for reasons other than profit. They can be, for example, family members and also others acting on humanitarian grounds.
• The Smuggling Protocol makes it clear that migrants should not be liable to criminal prosecution for the fact of having been the object of smuggling.

See more in the interlinkage Trafficking in persons and smuggling of migrants .

In general, nationality is regulated by domestic laws. As an exercise of sovereignty , States have the freedom to regulate access to nationality. But as well, international law plays a crucial role in recognizing the right to a nationality, protecting against arbitrary deprivation of nationality , and preventing and addressing statelessness (see details on the Right to a nationality and other obligations of States on civil and political rights  in Human rights of migrants: An overview ). The 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness are the key international conventions addressing statelessness. These two conventions set the legal framework that aims to reduce and prevent it.

Several articles of the Universal Declaration of Human Rights are relevant to nationality law:

• “All human beings are born free and equal in dignity and rights” (article 1);
• “Everyone has the right to recognition everywhere as a person before the law” (article 6);
• “All are equal before the law and are entitled without any discrimination to equal protection of the law” (article 7);
• “Everyone has the right to a nationality” (article 15);
• “No one shall be arbitrarily deprived of his [or her] nationality nor denied the right to change his [or her] nationality” (article 15).

1954 Convention relating to the Status of Stateless Persons

According to the 1954 Convention, a person is a stateless person if he or she is not considered a national by any State under the operation of its law. One result of statelessness is that stateless people are denied access to various rights. For this reason, the 1954 Convention establishes minimum standards of treatment of stateless people. They include, among others, the right to identity and travel documents, administrative assistance, facilitated access to naturalization , non-discrimination, as well as the right to education, employment, housing and social security.

1961 Convention on the Reduction of Statelessness

The aim of the 1961 Convention is to prevent and reduce statelessness. States parties have agreed to safeguards that prevent statelessness due to loss or renunciation of nationality, and due to State succession. The 1961 Convention aims to prevent statelessness at birth by requiring States to grant citizenship to children born on their territory ( jus soli ), or born to their nationals abroad ( jus sanguinis ), who would otherwise be stateless. To prevent statelessness in such cases, States may either grant nationality to children automatically at birth or subsequently upon application. Statelessness is also prevented and reduced by repealing nationality laws that are discriminatory, and by enabling both parents to transmit nationality to their child on equal grounds.

• International Parliamentarian Union (IPU) and the United Nations High Commissioner for Refugees (UNHCR), Good Practices in Nationality Laws for the Prevention and Reduction of Statelessness , 2018.  

Law of the sea refers to the body of rules through which States regulate their relations, rights and duties at sea. These rules are to be found both in treaty law and customary international law .

International Maritime Organization

The International Maritime Organization (IMO ) is a specialized agency of the United Nations, composed of United Nations Member States. Its mandate is to improve the safety and security of international shipping. It also deals with legal matters such as liability, compensation issues and the facilitation of international maritime traffic, which includes the situations of people (such as migrants) in distress or lost at sea. The IMO also has a mandate to support Member States in developing, updating and monitoring the conventions related to the law of the sea.

State jurisdiction

In international migration law (IML), the issue of State sovereignty at sea is very important, especially in relation to rescue operations for migrants in distress at sea. States have sovereign rights over internal waters – for archipelagic States, this also includes the archipelagic waters – and the territorial sea . (See details on the Importance of border management in the Introduction to Regulating migration: Border management .)

Rescue obligations

When people, including migrants, are in distress or lost at sea, under the law of the sea, States have the obligation, under their jurisdiction, to rescue them. This includes the obligation to establish, operate and maintain adequate and effective search and rescue operations.

Migrants (as rights holders) benefit from a protection framework which also establishes obligations on States (as duty bearers). This framework is established by various branches of international migration law (IML), including law of the sea, human rights law, refugee law and transnational criminal law and customary international law. Under this framework, migrants are guaranteed rights like the right to life, the right to seek asylum, the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment, the right to not be discriminated against or the right to protection from refoulement. This framework applies both in territorial and internal waters, as well as in high seas (beyond the territorial or internal waters of a State), and to persons under effective control of the State (for example, persons on a vessel operated by law enforcement personal of that State).

With regard to rescue obligations, the Un ited Nations Convention on the Law of the Sea (UNCL OS) places an obligation on States parties to:

… require the master of a ship flying its flag, in so far as he [or she] can do so without serious danger to the ship, the crew or the passengers: (a) to render assistance to any person found at sea in danger of being lost ; (b) to proceed with all possible speed to the rescue of persons in distress , if informed of their need of assistance, in so far as such action may reasonably be expected of him [or her]…. Every coastal State shall promote the establishment, operation and maintenance of an adequate and effective search and rescue service regarding safety on and over the sea and, where circumstances so require, by way of mutual regional arrangements cooperate with neighbouring States for this purpose.

UNCLOS, article 98; emphasis added.

The International Convention for the Safety of Life at Sea (SOLAS) obliges a shipmaster to provide prompt assistance, when receiving information from any source on persons in distress at sea. Such an obligation is today considered customary international law and applies to all States and shipmasters.

Both UNCLOS and the SOLAS Convention require coastal States to promote the establishment, operation and maintenance of adequate and effective search and rescue services. As well, both the SOLAS Convention and the International Convention on Maritime Search and Rescue (the SAR Convention) require that embarked persons in distress or lost are treated with dignity and humanity; that their needs are provided for; and that they are disembarked to a place of safety within a reasonable time (that is, disembarkation to a safe port). This means that shipmasters must seek to ensure that survivors are not disembarked to a place where they would be put in danger, such as a place where there is a risk that their human rights might be violated.

Moreover, according to the SAR Convention, States should coordinate and step in as soon as possible, to release shipmasters to continue on their journey with minimum further deviation or delay. The State responsible for the search and rescue region in which the vessel is rescued is also responsible for coordinating the response.

Since their adoption, these conventions have been amended through resolutions adopted by Member States in the International Maritime Organization (IMO) Assembly and the Maritime Safety Committee (MSC). MSC resolutions have further filled gaps and clarified State obligations towards rescued persons.

• International Maritime Organization (IMO), Principles Relating to Administrative Procedures for Disembarking Persons Rescued at Sea , 2009.
• IMO, Resolution MSC.167(78), Guidelines on the Treatment of Persons Rescued at Sea , 2004.

Diplomatic law is concerned with State-to-State relations and diplomatic protection. Consular law, on the other hand, deals with the norms that frame the relationship between consuls and individuals of sending and receiving States. Diplomatic protection is an inter-State intervention, conducted by diplomatic officials or government representatives attached to the foreign ministry, acting on behalf of the State. Consular assistance, on the other hand, is given by consuls, who are engaged in political representation. Consular assistance includes both obligations that States have, and also rights that their nationals have. These rights and obligations are part of international migration law (IML). For example, consular authorities can register the birth of migrant children, provide travel documents, or provide proof of nationality. Migrants have the right to access consular assistance, for example in case of detention or prior to expulsion.

Developed first as customary international law, many norms were codified after the Second World War in the Vienna Convention on Diplomatic Relations (1961) and the 1963 Vienna Convention on Consular Relations (VCCR).

On 9 January 2003, Mexico brought a case before the International Court of Justice (ICJ) against the United States of America in a dispute concerning alleged violations of articles 5 and 36 of the Vienna Convention on Consular Relations (VCCR) with respect to 54 Mexican nationals who had been sentenced to death in certain states of the United States. The ICJ held that there is an obligation to provide consular information as soon as it is realized that the arrested person is a foreign national, or that there are grounds for thinking that the person is probably a foreign national. The Court found that the United States had also violated the obligation to enable Mexican consular officers to communicate with, have access to and visit their nationals, in 49 cases, and to arrange for their legal representation, in 34 cases.

According to ICJ, violations of this right must be subject to judicial review in the receiving State’s courts.

ICJ, Avena and other Mexican nationals (Mexico v. United States of America), 2004.

The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (ICRMW) also prescribes the right of migrant workers and members of their families to receive consular protection and assistance in case their rights as recognized by the convention are impaired. It specifically refers to consular protection and assistance in cases of expulsion . Moreover, according to the ICRMW, States parties should ensure that consular services, as well as other services needed to meet the social, cultural and other needs of migrant workers and members of their families, are provided. The ICRMW also recognizes the State’s obligation to inform the relevant consular authorities if a migrant has been detained; the migrant’s right to communicate with his or her consulate; and the State’s obligation to inform the detained migrant of such rights.

• IOM international migration law information note, Consular assistance, 2021 (forthcoming).
• IOM international migration law information note, Access to Justice: A Migrant’s Right , 2019.

International humanitarian law (IHL) is a set of rules that protects persons, including non-nationals, who are affected by armed conflict but are not, or are no longer, participating in the conflict (notably civilians). It seeks to limit the effects of the conflict, including restricting the means and methods of warfare. It applies only to armed conflicts, but applies to all parties involved in them, regardless of their responsibilities in starting the conflict and using force. Most of IHL is contained in the four Geneva Conventions and their Additional Protocols.

Note:  This list is not exhaustive.

Nearly all States are currently party to the Geneva conventions, and many provisions of IHL are accepted as customary international law . All four Geneva conventions, as well as Additional Protocol I, apply to international armed conflicts. As well, though, article 3 of each of the four Conventions and Protocol II prescribe the rules that must be respected by all parties to a non-international armed conflict.

The Fourth Geneva Convention is particularly important to international migration law (IML), as it:

• Addresses the rights and obligations in relation to non-nationals on the territory of a party to the conflict.
• The right to leave the territory in safety and dignity, except when it is contrary to the national interests of the State;
• The right to freedom of religion;
• The right to non-refoulement ;
• The right to humane treatment while detained; and
• The equality with nationals in terms of medical treatment.
• Establishes that children under 15 years, pregnant women and mothers of children under seven years benefit from the same extent of preferential treatment as the nationals of the State concerned.
• Declares that parties to the conflict can only place people who are not their nationals in assigned residences if other measures of control are considered inadequate and “only if the security of the Detaining Power makes it absolutely necessary”.
• IOM and International Institute of Humanitarian Law (IIHL), International Migration Law and Policies in the Mediterranean Context , 2009.

Air law regulates the use of airspace and aviation. The main principle of international air law is that every State has complete and exclusive sovereignty over the airspace above its territory, including over its territorial sea .

Based on this principle of airspace sovereignty, every State is entitled to regulate the entry of foreign aircraft and their passengers into its territory. Also, people who enter a State’s territory in this way are subject to the laws of that State. The principle of airspace sovereignty implies that the carrier is responsible for ensuring that arriving passengers follow the migration laws of the destination State. This implied responsibility is based on article 13 of the 1944 Convention on International Civil Aviation , which 193 States have ratified.

States established the International Civil Aviation Organization (ICAO) to administer the Convention on International Civil Aviation. The ICAO is a United Nations specialized agency. It works with Member States and industry groups to reach consensus on international civil aviation standards and recommended practices (SARPs) and policies in support of a safe, efficient, secure, economically sustainable and environmentally responsible civil aviation sector. The SARPs take the form of annexes to the 1944 Convention.

Central features of air law as it relates to migration include the following:

• Annex 9 to the 1944 Convention provides guidance material pertaining specifically to the facilitation of immigration formalities. It also requires States to admit into their territory its nationals who have been removed from another State, and to provide travel documents to facilitate such returns.
• According to the annex, the airline carrying the passenger is responsible for the passenger until the passenger is accepted for examination by immigration authorities.
• If a passenger is refused entry to the State, the carrier is responsible for taking the passenger back to a State that would accept the passenger.
• The annex also requires the airline’s due diligence on whether passengers comply with the State’s entry requirements; if it does not, the airline can be fined by the concerned State.
• The Trafficking Protocol and the Smuggling Protocol require States parties to adopt legislative or other appropriate measures) to ensure that airplanes (and other means of transport) operated by commercial carriers are not used in the commission of offences. For instance, commercial carriers (including all transportation companies and the owner or operator of any means of transport) must determine whether passengers possess the travel documents required to enter the receiving State.
• European Union legislation aims to harmonize the financial penalties imposed by Member States on carriers that transport, into the territories of Member States, non-European Union nationals lacking the required admission documents.
• However, carrier sanctions have been criticized from a refugee protection perspective. For instance, a person seeking asylum might not be in possession of the required travel documents. In such a situation, the airline officials do not have the mandate or the skills to assess the international protection claim of the asylum seeker. It is likely in this situation that the airline would simply refuse to allow the person to get on the plane. This would interfere with the right of the person to seek asylum and due process, and with the right to be protected from refoulement, depending on the case.

International trade law governs relationships between States for the cross-border movement of goods, services and intellectual property. After the Second World War, States ratified the General Agreement on Tariffs and Trade (GATT), aiming to ensure a stable trade and economic environment. GATT led to the establishment of the World Trade Organization (WTO) in 1995. Whereas GATT mainly dealt with trade in goods, the WTO and its agreements also cover trade in services, government procurement and intellectual property.

Mode 4 of the General Agreement on Trade in Services

Labour mobility is covered under a very limited scope by Mode 4 of the General Agreement on Trade in Services ( GATS – Annex on the Movement of Natural Persons ) . GATS is a multilaterally agreed framework that aims to liberalize trade in services and applies to all 164 Member States of the WTO. It sets out four possible modes under which trade in service can occur. The fourth of these concerns the movement of people. Although it does so only in a very specific context, Mode 4 was one of the first international agreements regulating the movement of people, and remains important.

Mode 4 of GATS covers only natural persons (that is, not trusts, charities or corporations). It addresses the movement of people who are either service suppliers (such as independent professionals or contractual service suppliers) or who work for a service supplier and are present in another WTO Member State to supply a service (such as workers reassigned to work in office space in a different country, or intracorporate transferees). It does not concern people seeking access to the employment market in the destination Member State, nor does it affect measures regarding citizenship , residence or employment on a permanent basis. States’ commitments under Mode 4 are narrow, and they address only selected categories of people, mostly people linked to a commercial presence (for example, intracorporate transferees) and highly skilled migrant workers (managers, executives and specialists). Other restrictions frequently inscribed in the agreements that States make to manage these specialized workers include defined duration of stay; quotas, including on the number, sectors, categories or proportion of foreigners employed; pre-employment conditions; and residency and training requirements (Klein Solomon, 2007: 112).

Regional and bilateral agreements

At the regional and bilateral level, there exist two kinds of arrangements related to free movement: trade agreements and regional economic communities.

Trade agreements at the bilateral and regional level tend to follow the WTO Mode 4 model; that is,  commitments about the movement of workers are undertaken within the larger context of trade in services. Examples in Africa include the South African Development Community (SADC) and Common Market for Eastern and Southern Africa  (COMESA). More recent bilateral trade agreements tend to have deeper Mode 4 commitments – that is, more specifications about the management of the mobility of workers – and more recognition of qualifications provisions.

The period after the Second World War was characterized by efforts towards regional economic integration. This led to the establishment of regional economic communities that included conditions for the free movement of people. The free movement of people established by regional economic communities ranges from general endeavours to facilitate the free movement of persons through to narrower, more specific Mode 4-like commitments. As a result, free movement undertaken in regional economic communities can vary from very open regimes, such within the European Union , to regimes that undertake a phased approach, such as the Association of Southeast Asian Nations (ASEAN), Common Market for the South (MERCOSUR), Economic Community of West African States (ECOWAS) and Organisation of Eastern Caribbean States (OECS).

A shared recognition of qualifications and skills is one of the key requirements to operationalize such free movement protocols and trade agreements. Technological developments, such as outsourcing, online services and e-commerce, have added a new dimension to the movement of persons within the trade context.

• International migration law (IML) defines States’ obligations and rights in the field of migration, as well as the rights of migrants.
• IML is an umbrella term that includes various norms from many branches of international law, which are complementary and mutually reinforcing. It includes international and regional instruments.
• Branches of international law under IML include: human rights law, labour law, refugee law, transnational criminal law, nationality law, law of the sea, humanitarian law, diplomatic and consular law, air law and trade law.

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International Migration Law

Through its International Migration Law Unit (IML), IOM works to strengthen and promote the Organization’s involvement in International Migration Law. 

Recognition of the rights of migrants and the need to respect, protect, fulfill, and promote these rights within the exercise of State sovereignty has been present in IOM’s constituent documents since the Organization’s foundation. The IOM Constitution, IOM Council decisions and policy documents, the 12-point strategy, IOM’s Strategic Vision and Migration Governance Framework (MiGOF), among others, provide a solid basis for the Organization’s work on IML and migration governance in line with international standards and the rule of law.

Related links

Introducing the IML Unit

Migration law database.

Project development and implementation support:  The Unit provides support to IOM missions by serving as a focal point for the development and implementation of IML and IML-related project activities. In addition, the IML Unit provides guidance as well as training on how to apply a rights-based approach (RBA) to IOM programs and projects, in line with supporting Principle 1 of the MiGOF.

Capacity building and training:  The Unit provides training for governments, international organizations, academics, civil society and IOM staff on international migration law. Two regular yearly Training Courses are conducted in:

• Sanremo  – in collaboration with the International Institute of Humanitarian Law (IIHL);
• Geneva – a four-day Geneva IML Course is designed for government officials, to familiarize them with the relevant international legal framework governing migration, including the responsibilities, obligations and rights of States and migrants.

Other trainings are delivered at the regional and country level as part of IOM projects. If you are interested in planning and inserting an IML national capacity development event in your country, please contact us:  [email protected]

Legislation and policy review:  The Unit assists governments to analyse, develop and implement migration legislation and procedures consistent with applicable international and regional standards. The objective is to further develop the capacity of governments and provide effective tools to govern migration. In this context, the Unit offers advice, good practices and information to governments considering the ratification of relevant international or regional treaties and provides legal consultancy and review of national migration legislation for governments at their request.

Advocacy:  The Unit represents IOM in a range of UN committees and cooperates with the agencies working on migrants’ rights and international law

Monitoring: The IML Unit also regularly collaborates with the Human Rights Treaty Bodies , to facilitate the monitoring of the implementation of the core international human rights instruments, with the aim of enhancing their implementation to respect, protect and fulfill the human rights of migrants.

The IML Unit further collaborates with the Human Rights Council and the  Universal Periodic Review process and contributes to the State-led reviews in the Universal Periodic Review, in coordination with IOM offices and. The Unit also works closely with the Special Procedures and in particular with the UN Special Rapporteur on the human rights of migrants.

The IML Unit also collaborates with the European Court of Human Rights and the Inter-American Court of Human Rights and the Human Rights Council and, upon request, has provided its expertise by preparing amicus curiae on specific areas of law.

Research and Publications:  The IML Unit conducts research and publishes resources and tools on relevant and important migration law issues. The Unit aims to promote latest research and thinking to support migration governance in line with international law through awareness raising, knowledge and skills development of all actors working in the field of migration.

• IML Information Note on Consular Assistance
• IML Information Note on Access to Justice: A Migrant's Right
• IML Information Note on the Principle of Non-refoulement
• IML Information Note on International Standards on Alternatives to Detention (ATDs) and Immigration Detention
• IML Information Note on the Protection of Migrant Children
• IML Information Note on International Standards on the Protection of People with Diverse Sexual Orientation, Gender Identity, Gender Expression and Sex Characteristics (SOGIESC) in the Context of Migration

Related Content

About migration law, research and publications, training and capacity building, sanremo migration law course, resources & tools.

International Migration Law Series

Related topics & pages, international cooperation and partnerships.

Migration updates 

Subscribe to IOM newsletter to receive the latest news and stories about migration.

International Migration Law

A site with information on migration laws and human rights and promoting migration governance within the rule of law. The site contains information notes and guidelines on various aspects of migration and an analysis vis a vis  international law and also links to the Migration Law Database, which draws together migration related instruments and relevant norms regulating migration at the international and regional levels.

*References to Kosovo shall be understood to be in the context of United Nations Security Council resolution 1244 (1999).

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MIGRATION LAW DATABASE

Since there is no single instrument or norm covering all the relevant rights and duties of migrants, it is important to collect information on international migration law and frame it in an accessible and comprehensible way.

IOM seeks to consolidate this information and make it more easily accessible through, inter alia, its online migration law database.

The online migration law database draws together migration related instruments and relevant norms regulating migration at the international and regional levels. The following sources of information are being included: relevant international, regional and bilateral treaties; international and regional resolutions, declarations and other instruments. The database will soon also contain relevant and prominent case law.

© 2006 IOM. All rights reserved. Copyright/Disclaimer

• Programs and Courses

Fundamentals of Australian Migration Law

A graduate course offered by the ANU School of Legal Practice .

• Code LAWS8651
• Unit Value 6 units
• Offered by ANU School of Legal Practice
• ANU College ANU College of Law
• Course subject Laws
• Areas of interest Law, Migration
• Academic career PGRD
• Mode of delivery Online

• Introduction

Learning Outcomes

Indicative assessment, inherent requirements, requisite and incompatibility, prescribed texts, preliminary reading, other information.

This is a practical based course that will introduce students to the complexities of working with migration legislation and policy to achieve a successful outcome for a client. Students will gain a broad overview of the Migration Act 1958 (Cth) and Migration Regulations 1994, explore delegated legislation, and come to understand the structure and framework of the Migration program. It will allow students to identify pathways for clients and to apply practical solutions to migration casework.

Upon successful completion, students will have the knowledge and skills to:

• Utilise a comprehensive knowledge of Australian migration legislation, jurisprudence and policy to assess and prepare applications for clients.
• Research, formulate and implement appropriate strategies for providing effective advice to clients.
• Justify and interpret complex issues, decisions and opinions on migration outcomes when communicating with relevant stakeholders.
• Critically assess the implications of current developments and complex issues in immigration law and policy.
• Review, analyse and undertake appropriate research to prepare submissions, and effectively advocate for clients.
• Apply knowledge of visa application requirements, including validity and eligibility to practical situations on behalf of clients.
• Research Proposal (10) [LO 1,4,6]
• Research Essay (40) [LO 1,4,6]
• Discussion Form Posts (20) [LO 2,4,5,6]
• Problem Base Assessment (30) [LO 1,2,3,5,6]

In response to COVID-19: Please note that Semester 2 Class Summary information (available under the classes tab) is as up to date as possible. Changes to Class Summaries not captured by this publication will be available to enrolled students via Wattle. 

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Not applicable

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at  Fees .

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees .  Where there is a unit range displayed for this course, not all unit options below may be available.

Course fees

Offerings, dates and class summary links.

ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage .

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions

• Contact ANU
• Freedom of Information

+61 2 6125 5111 The Australian National University, Canberra CRICOS Provider : 00120C ABN : 52 234 063 906

• Help and Support
• Subject Guides
• Self Paced Lesson - Migration - Legal Citation - Subject Guide
• 1: Legal Citation Overview

Self Paced Lesson - Migration - Legal Citation - Subject Guide: 1: Legal Citation Overview

• 2: General Rules
• 4: Regulations
• 5: Legislative Instruments
• 6: Other Documents
• Self paced lessons Menu This link opens in a new window

Why reference?

• Assists you to avoid plagiarism (stealing another's ideas or words) All legislation, cases, books, articles and other information sources used in your work must be referenced
• Demonstrates the depth and the breadth of your research and reading
• Supports and strengthens your argument The reader can determine whether the sources you have used support your argument.

Citation is an essential part of writing at university. Legal Citation is an integral component when working within the legal system .

This Legal Citation Lesson focuses on the citation of legislative and policy documents - key sources of legal information for migration law. For information on how to cite other forms of material such as case law, books and journals please see the General Legal Citation Lesson , or the AGLC Referencing Guide .

This lesson takes you through the process of learning how to use the Australian Guide to Legal Citation  to recognise and construct citations for the assignments you will submit in the Murdoch University School of Law. Make sure you have a look at Part 1 - General Rules of the Australian Guide to Legal Citation . This Part sets out important general rules for citation including guidance on when and how to footnote. We will cover some of this but it is necessary for you to be familiar with the guide itself.

Australian Guide to Legal Citation:

Murdoch University School of Law follows the footnote citation style - the  Australian Guide to Legal Citation (4th ed) ( AGLC ) .

The AGLC  is a very detailed document. The purpose of this Lesson is to introduce you to the AGLC,  highlighting important features you will need to become familiar with for your migration law research and study. The notes contained in this Lesson are not exhaustive You will need to refer frequently to the AGLC  for further elaboration. You can access a free .PDF  copy of the  AGLC  or purchase your own copy.

You will refer to the AGLC regularly throughout your studies and work life.

Bookmark or save to Favorites the AGLC Referencing Guide for ease of access.

• << Previous: Law Home
• Next: 2: General Rules >>
• Last Updated: Mar 6, 2024 12:48 PM
• URL: https://libguides.murdoch.edu.au/splmigcitation

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DMITRY FILIMONOV, ESQ – EXCELLENCE, AFFORDABILITY, INNOVATION –

My areas of practice:, immigration (green cards):.

• Employment-based Immigration
• EB5 – Immigrant Investor Program
• Family-Based Immigration and Marriage
• Battered Spouse, Children and Parents (VAWA)

Non-Immigrant Visas:

• E-1/E-2 Treaty Trader and Investor Visas
• L-1 Intra-company Transferee
• O-1 Extraordinary Ability or Achievements
• H-1B Specialty Occupations for Professionals
• K-1 Fiance Visas and K-3 Spouse Visas

Citizenship and Naturalization

Dmitry Filimonov is a Russian-speaking immigration attorney. Having started his legal practice in Moscow, Russia in 2000, Dmitry Filimonov had later received his U.S. law degree from Fordham University School of Law located in New York City.

Being an immigrant himself, Dmitry has firsthand experience with immigration processes. He came to the U.S. using the L-1A intra-company transferee visa based on Dmitry’s employment with multinational company in Russia. In despair to find an immigration attorney who could understand the complexity of the company’s multinational business and prepare the complex case for USCIS, Dmitry finally did it by himself passing through all stages of the USCIS review including burdensome request for evidence (RFE).

Attorney Dmitry Filimonov has special interest in business immigration representing clients with L1-A non-immigrant visa an EB-1 immigration visa cases, E visas and select EB-5 petitions.

Mr. Filimonov has an extensive hands-on experience working for the holding companies in Russia including various cross-border multi-jurisdiction transactions. This experience allows him to perfectly navigate complex business immigration cases balancing the Russian and American parts of the case at the same level of quality.

While Mr. Filimonov focuses his law practice exclusively on immigration law with emphasis on business and investment visas, he also may offer representation in employment and family based immigration matters.

For individuals, Dmitry helps families of U.S. citizens and green card holders in immigrating to the U.S. and assists clients in obtaining fiancé(e), student, work, and other visas from the U.S. consulates abroad. He represents green card holders in obtaining citizenship and helps refugees with securing asylum in the U.S.

His background allows Dmitry to handle immigration cases in effective and cost-efficient manner in the best interest of clients.

Dmitry sees attorney’s role in the society as one of the most important ones, and he is committed to helping immigrants with limited resources and coming to the U.S. as refugees. In 2016, Dmitry spent one-week shift volunteering for CARA Family Detention Pro Bono Project by providing legal assistance to the women and children detained by the federal government in the South Texas Family Residential Center (STFRC) in Dilley, Texas. As a result of this representation, more than 90 percent of women with children passed their credible-fear interview and were released from detention.

11 th  Online Course on International Migration Law 

24 April – 19 May 2023

Live sessions of the Course will be held from 10.00 am to 12:00 pm, Rome time.   Please, click here to check your time zone.  

The Course will be delivered in English.

Description

The Course presents the key aspects of the migration phenomenon from different angles, including the obligations and concerns of States and the rights and responsibilities of migrants. The workshop includes an analysis of the international legal instruments that relate to migration, as well as the legal framework concerning other categories of persons in need of international protection, such as refugees, victims of trafficking and smuggled persons. The audience has the opportunity to analyse the complex nature of today’s migratory phenomenon, including trends, causes, journeys and associated risks, integration in the country of destination and return and reintegration in the country of origin. The Course studies the key components of migration management and governance, and the link with sustainable development. For this, participants will be exposed to the current developments generated by the Global Compact for Safe, Orderly and Regular Migration.

• Promote law, principles and policies relating to the protection of migrants and other persons in need of protection;
• Enhance participants’ skills to develop and apply policies and programmes in conformity with International Law;
• Strengthen participants’ ability to contribute to the development of effective migration management systems;
• Encourage the sharing of good practices and experiences among participants and with international experts.

Application deadline, Scholarships opportunities and Official Certificate

Candidates are invited to register to the Course by 3 April   2023.

A limited number of scholarships is available for the Online Courses and cannot therefore be guaranteed purely by application. Scholarships will depend upon funds available to the Institute thanks to the kind contribution of our donors. To apply for a scholarship, you must detail so in the dedicated field in the Registration Form.

Please note that the official Certificate of participation will be awarded only to those participants who attend the Course in full, including live and self-paced sessions, and complete all mandatory assignments

Target audience

The Course is developed primarily to benefit mid and senior-level government officials involved in the formulation and application of legislation and policies affecting migrant persons. Members of the civil society and the academia, who could positively influence the safeguard of migrants’ rights and advocate for their protection, are also welcomed as participants.

Structure and Methodology

The Online Course is structured into four content-related modules, with the objective to provide an in-depth analysis of the subject of the training, including cross-cutting issues.

Modules are composed of live sessions and self-paced sessions.

• Live sessions are pre-scheduled and usually last 120 minutes. These are delivered via  Zoom for Education ;
• Self-paced sessions are completed at participants’ own pace and must be undertaken before the beginning of each following class. These usually consist in pre-recorded videos, short questionnaires or assignments, and/or selected reference materials.

The Course strikes a balance between theory and practice and is delivered through a participatory and creative teaching methodology, aimed at facilitating the learning process and implementing the knowledge gained throughout the training. Sessions include lectures, presentations, case studies, group work, audio-visual support, and other activities, which respond to the various learning styles of a diversified audience.

Throughout the training, participants and expert facilitators are able to share best practices and experiences regarding the main topics and issues of the Course.

Speakers delivering the sessions consist of international experts on migration from around the world.

Administrative Information

Participation quota amounts to € 750. It must be remitted before the start of the course by bank transfer. Visa and/or Mastercard are also accepted on the website of the Institute.

Queries on the course registration and administrative questions should be directed to  [email protected] .

Technical Information

The Online Courses of the Institute are hosted on the  IIHL Learning Platform

• General information on the Online Courses

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UD student helps with immigration casework, research through School of Law internship

By Lucy Waskiewicz ’24

University of Dayton junior CJ Delgado is helping people navigate the citizenship process through an internship with University of Dayton School of Law’s Immigration Law Clinic.

Delgado, a political science major from Dayton, assists six final-year UD law students who work with clients on gender-based asylum, refugee and citizenship cases. 

The internship, in partnership with UD’s Women’s and Gender Studies Program, allows Delgado to study real-life situations that encompass her political science coursework, as well as that of her women’s and gender studies minor.

“With each case, I observe the women’s and gender studies factors, such as women trying to petition for their children to come to the United States or leave domestic violence situations,” Delgado said. “Their stories inspire me to think about what changes I can make as a WGS minor, and, as a political science major, how I can incorporate public policy into that realm of women seeking citizenship.”

The internship also is strengthening Delgado’s communication and emotional skills, which she relies on while navigating sensitive case files and overcoming language barriers with clients.

“We can make that human connection even if we don’t speak the same language,” she said. “We’re not from the same country. We’re different ages. But learning how to communicate with people even if I don’t know their full story is really valuable.”

Jamie Small, associate professor of sociology and director of UD's Women’s and Gender Studies program, connected Delgado with the internship through the program’s service learning course. The experiential learning opportunity allows students to work for a community organization that meets women’s needs and/or promotes gender justice.

“Rigorous coursework is necessary but not sufficient for developing the whole person, so I believe experiential learning is crucial for our mission,” Small said. “From a faculty perspective, I also have the honor of seeing students develop their moral compass and sense of wonder. It's such a joy to have a student in an introductory class and then see them shine, like CJ, in an experiential learning opportunity.”

Delgado’s mentor, Associate Professor of Lawyering Skills Ericka Curran, has more than 20 years of experience in clinical and experiential law education and specializes in immigration and human rights. She said Delgado’s experience working with the clinic is helping her put theory into practice.

“It has been wonderful working with CJ, who has assisted with casework and research,” Curran said. “The clients we help are real people experiencing challenges and it can be empowering to use your education to help them achieve their goals.”

The Immigration Law Clinic is one of four law clinics in the UD School of Law. Through residencies at these clinics, law students work with real clients, attorneys and judges under the supervision of a clinical professor.

“Students get to engage in real-time legal research, fact investigation and client counseling in a supportive and supervised setting,” Curran said. “The Immigration Law Clinic helps mostly refugees, asylum seekers and women fleeing gender-based violence. The work is challenging but inspiring.”

Delgado said her experience with the Immigration Law Clinic has inspired her to work with gender-based immigration advocacy in the future.

“If I go to law school, it will be to do immigration law,” she said. “And if not, something I definitely want to do as a career path is work for a nonprofit with refugee asylum seekers, or even just a women's shelter, where I can advocate for these things. Ultimately, it would be amazing if I could do what Professor Curran and the female law students in the clinic do, which is work with clientele on gender-based issues.”

Small said women’s and gender studies is a field that pairs well with several majors and minors. This degree gives students expertise that can set them apart from other candidates in the job market. It also allows them to be mission-driven and build a stimulating, financially stable career.

“Sometimes students assume that they must choose one or the other, but that's simply not true,” she said. “There are so many career pathways related to women, gender and sexuality open for smart, passionate and hard-working students like CJ.”

For more information, visit the UD Women’s and Gender Studies and UD School of Law websites .

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UD Hebrew Bible scholar to release award-winning book on gender in the Old Testament

UD Assistant Professor Esther Brownsmith explores questions of gender and sexuality in the Old Testament in her first book.