Vincent Chetail

The Contribution of the International Court of Justice to International Humanitarian Law

The article presents the case law of the International Court of Justice and its contribution to international humanitarian law.

Migration and international legal norms

International Legal Norms and Migration: A Report.- State Authority and Ressponsibility.- The Authority and Responsibility of States.- Freedom of Movement and Transnational Migrations: A Human Rights Perspective.- Return of Persons to States of Origin and Third States.- Nationality.- Migration and Security In International Law.- Forced Migration.- Forced Migration and International Law.- The Protection of Asylum-Seekers and Refugees Rescued at Sea.- Combating Migrant Smuggling and Trafficking In Persons, Especially Women: The Normative Framework Re-Appraised.- Human Rights of Migrants.- The Human Rights of Migrants.- Family Unity.- Children, Migration and International Norms.- Labor, Trade and Development.- Labor Migration.- Trade Law Norms On International Migration.- Development and Migration.- Emerging Topics.- Human Rights and The Integration of Migrants.- Health and Migration: The Human Rights and Legal Context.- International Cooperative Efforts.- Illustration of Multilateral, Regional and Bilateral Cooperative Arrangements In The Management of Migration.

Reforming the common European asylum system : the New European refugee law

This book analyses the recent changes of the Common European Asylum System, the progress achieved and the remaining flaws. It provides a comprehensive and critical account of the recast instruments governing asylum law in the European Union.

The Legal Personality of Multinational Corporations, State Responsibility and Due Diligence: The Way Forward

This article revisits the accountability of multinational corporations from the perspective of general international law. Such a perspective proves to be much less traditional that it may appear at first sight. On the contrary, innovative approaches may be inferred from general international law in order to ensure accountability of multinational enterprises. This includes basic notions such as legal personality and state responsibility as well as due diligence which represents the most promising avenue in this field.

Sources of International Migration Law

Although migration is frequently considered as a matter of domestic jurisdiction, the movement of persons has been internationalized by a complex set of norms. The main sources of international law reveal a relatively dense picture. This chapter reviews the sources of international legal norms that govern migration by examining treaty law, customary law and general principles of law. It concludes by assessing the role of soft law on the traditional sources of international migration law.

The Architecture of International Migration Law: A Deconstructivist Design of Complexity and Contradiction

International migration law (hereinafter IML) can be described and conceptualized as a deconstructivist architecture both literally and metaphorically. It is an architecture of fragmentation based on dissonance and asymmetry that questions the traditions of harmony, unity, and stability. Initiated by the French philosopher Jacques Derrida, the deconstructivist architectural movement distorts the conventional oppositions between form and function, center and margin, outside and inside.

Is There Any Blood on My Hands? Deportation as a Crime of International Law

The present article revisits international criminal law as a tool for sanctioning the most patent abuses against migrants. Although deportation is traditionally considered as an attribute of the state inherent to its territorial sovereignty, this prerogative may degenerate into an international crime. The prohibition of deportation has been a well-established feature of international criminal law since the Nuremberg trials following the Second World War. This prohibition has been further refined over the past 15 years by an extensive jurisprudence of the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the International Criminal Court.Against such a background, this article demonstrates that, in some circumstances, deportation may amount to a war crime, a crime against humanity or even a crime of genocide, depending on the factual elements of the case and the specific requirements of the relevant crime. This article accordingly reviews the constitutive elements of each crime and transposes them into the context of migration control. It highlights in turn that, although its potential has been neglected by scholars and practitioners, international criminal law has an important role to play for domesticating the state’s prerogative of deportation and infusing the rule of law into the field of migration.

The Common European Asylum System: Bric-à-Brac or System?

This chapter assesses the complex evolution of the Common European Asylum System as well as its progresses and limits for establishing a truly common system of refugee protection. The first part retraces the origin and evolution of the Common European Asylum System since the Single European Act of 1986, while the second part assesses the recent recast process of the Common European Asylum System from the perspective of international law. The chapter concludes that the Common European Asylum System is halfway between a bric-a-brac and a true system. The key challenge will be to transform the existing collection of eclectic instruments into a comprehensive and coherent regime of refugee protection. This represents in turn a key opportunity for the EU Court of Justice to develop a systemic approach to the asylum acquis.

The Transnational Movement of Persons Under General International Law - Mapping the Customary Law Foundations of International Migration Law

The movement of persons between States is framed by general international law. This has always been the case even if nowadays the trivialization of immigration control has contributed to obscure the role of international norms to such an extent that this field is frequently confused with domestic jurisdiction. Against such a frame, customary international law proves to be instrumental in identifying and highlighting the key concepts at stake and their applicable norms. It unveils and regulates each component of the migration circle: departure from the country of origin; admission into the territory of the destination State and sojourn therein. Each of these core components is governed by several norms of general international law which interact and overlap alongside the migration continuum. This chapter analyses them through a systematic inquiry into their historical origin and their current legal stance under general international law.

The Roots of International Law / Les fondements du droit international

This collection of essays gathers contributions from leading international lawyers from different countries, generations and angles with the aim of highlighting the multifaceted history of international law.