Abstract
One of the most debated and criticized characteristics of the Global Compact for Safe, Orderly and Regular Migration (GCM) is its legally non-binding form. This article analyzes the GCM’s legal form, mechanisms of effectiveness, and legitimacy and finds that while the legal form of the GCM is important, the available mechanisms of effectiveness and legitimacy are equally or, perhaps, more important factors to determine the compact’s relevance and future impact. Although non-binding, the GCM does possess the relevance, capacities, and legitimacy to become a normative force in the field of international migration governance. Compliance with its outlined commitments will, however, be strongly dependent on the political will of the participating states. Perhaps its key function will be to fill the existing gaps in hard law in global migration governance by fostering cooperation and consolidating international obligations, standards, and stakeholders of a crosscutting topic into one instrument.
Highlights
One of the most debated and criticized characteristics of the Global Compact for Safe, Orderly and Regular Migration (GCM) is its legally non-binding form
In the light of the intense influx of refugees into Europe and the global trend of growing migration, country representatives met in September 2016 in the United Nations General Assembly (UNGA) to adopt the New York Declaration for Refugees and Migrants
The GCM was adopted by the UNGA in December 2018 with 152 votes in favour, 12 abstentions, and five rejections
Summary
Hard law usually signals a stronger commitment, is precisely worded, and includes a delegation of authority for implementation to legal institutions. Decide to not comply with the GCM’s commitments, they cannot escape from all the obligations by not signing or withdrawing from the compact, as they are most likely already bound to many of the underpinning laws.[8] In this context, it is noteworthy that soft law can reinforce and clarify pre-existing legal obligations. A non-binding agreement may be able to include a larger number of state participants but may produce less ambitious commitments.[13] If the legal form of the GCM is important, not the crucial indicator for relevance and, impact, one needs to consider other aspects. Who’s done what since the Global Compact for Migration was adopted (and what should happen ),” MMC Research Report, 2019, https:// reliefweb.int/sites/reliefweb.int/files/resources/078_wheels_in_motion.pdf (accessed 28 August 2020)
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