The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an obligation to provide remedies for it. Such remedies could include providing a safe haven for migrants. Exploring migration through the lens of state responsibility may provide new opportunities to expand protection for migrants.
Pooja R. Dadhania,
Reimagining Sovereignty to Protect Migrants,
Yale J. Int'l L. Online
Available at: https://scholarlycommons.law.cwsl.edu/fs/384