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International Migration: The Political and Legal Dimension
[Международные Миграции: Политико-Правовое Измерение]

Author

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  • Malakhov, Vladimir (Малахов, Владимир)

    (The Russian Presidential Academy of National Economy and Public Administration)

  • Simon, Mark (Симон, Марк)

    (The Russian Presidential Academy of National Economy and Public Administration)

  • Motin, Alexander (Мотин, Александр)

    (The Russian Presidential Academy of National Economy and Public Administration)

  • Letnyakov, Denis (Летняков, Денис)

    (The Russian Presidential Academy of National Economy and Public Administration)

  • Kascian, Kirill (Касцян, Кирилл)

    (Center for the Study of Ethnic and Linguistic Diversity (Prague))

  • Novikov, Kirill (Новиков, Кирилл)

    (The Russian Presidential Academy of National Economy and Public Administration)

Abstract

International migration is so diverse, complex and controversial that the development of a coherent approach to its regulation is perhaps one of the most difficult problems in the emerging system of international governance. First of all, there is a conflict between migration policy and international law. Migration policy is considered the prerogative of nation-states, and the latter are guided by the imperatives of "national egoism." At the same time, the laws of national states enshrined the obligations to protect human rights formulated in international law. For all the severity of this collision, it cannot be argued that it is absolutely insoluble. Its solution (which each time occurs ad hoc) consists in balancing between pragmatic egoism and moral imperatives. A typical example of such ad hoc balancing is the decision of Angela Merkel to cancel the Dublin Agreement in September 2015. A number of observers argued that humanitarian rhetoric at the time of the decision to simultaneously allow an unprecedented number of refugees into the country was nothing more than a cover for a perfectly rational calculation. The political and legal dimension of the problem also lies in the opposition of two attitudes regarding the optimal immigration policy: “open”, “liberal”, on the one hand, and “closed”, “illiberal”, on the other. The personification of these two poles is the dispute between Angela Merkel and Victor Orban.

Suggested Citation

  • Malakhov, Vladimir (Малахов, Владимир) & Simon, Mark (Симон, Марк) & Motin, Alexander (Мотин, Александр) & Letnyakov, Denis (Летняков, Денис) & Kascian, Kirill (Касцян, Кирилл) & Novikov, Kirill (Нови, 2020. "International Migration: The Political and Legal Dimension [Международные Миграции: Политико-Правовое Измерение]," Working Papers 032037, Russian Presidential Academy of National Economy and Public Administration.
  • Handle: RePEc:rnp:wpaper:032037
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    Keywords

    international migration; international law; global governance; national interest; international institutions; russian migration policy;
    All these keywords.

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