Externalizing Migration Management through Soft Law- The Case of the Memorandum of Understanding between Libya and Italy.docx (original) (raw)

2019, Reviglio, M. (2019). Externalizing Migration Management through Soft Law: The Case of the Memorandum of Understanding between Libya and Italy. Global Jurist.

https://doi.org/10.1515/gj-2019-0018

The externalization of migration management to third countries is a recurrent phenomenon in international migration. Soft law instruments emerged as an important strategy to externalize migration management to third countries through international migration agreements. In particular, in the last years the European Union and some member states have adopted bilateral and multilateral migration agreements in order to diminish the arrival of migrants in Europe. These agreements in the form of soft law instruments are problematic because do not follow the ordinary process of law making and thus it is difficult to assess their legal effectivity. An emblematic case is represented by the bilateral agreement between Libya and Italy signed in February 2017. From a critical discussion of the agreement, many problems in relation to its legal and material validity follow. In particular, in relation to the protection of migrants’ human rights there are many breaches of law that emerged in Libya after the signature of the agreement. Keywords: migration management, externalization, soft law, Libya, human rights, international law

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