THE CONTRIBUTION OF THE EU TO THE IMPLEMENTATION OF THE GLOBAL COMPACTS: LEGAL CERTAINTY FOR PEOPLE ON THE MOVE AS A GLOBAL PUBLIC GOOD

Abstract

This work aims to analyze the role of the EU and its Member States in implementing the UN Global Compacts from a specific approach: the theory of global public goods. In particular, it aims to explore the incentives EU and its Member States would have for agreeing on a European regime providing safe and legal pathways for migrants and people in need of international protection heading to the European territory. Although a variety of international instruments contain both the right to leave any country, including one’s own country, and the right to seek international protection, up to now the International Community has failed in its attempt of providing legal certainty for people on the move. This article considersthat a global public good approach would fuel the indispensable political consensus to do so.