Migration

Usha Natarajan

Chapter 38 in Research Handbook on Third World Approaches to International Law (TWAIL), 2025, pp 451-462 from Edward Elgar Publishing

Abstract: This chapter presents three interrelated TWAIL arguments about migration: (i) the international laws aiming to control migration and the international laws aiming to protect migrants reproduce each other in a manner harmful to migrants; (ii) international law constructs the categories through which migration is understood and, in so doing, limits the potential range of contestations; and (iii) migration and international law are mutually constructed ideas, helping define and legitimate each other as fields of expertise. For TWAIL scholars, migration cannot be understood separately from intersectional constructed identities of race, gender, class, Indigeneity, sexuality, disabilities, caste, and so on. Most migrants and refugees are in the Global South, but knowledge production remains dominated by the Global North, hence the widening disconnection between international law and societal needs. Instead, TWAIL scholars call for laws more closely attuned to why people are moving, to ensure more humane and orderly population movement.

Keywords: International law; TWAIL; Migration; Asylum; Refugee; Borders; Displacement (search for similar items in EconPapers)
Date: 2025
ISBN: 9781789901511
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