Non-binding and therefore irrelevant? The Global Compact for Migration

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.