BALANCING NATIONAL SECURITY AND MIGRANT RIGHTS IN INTERNATIONAL LAW

• Khakberdiev Mukhammad

  Pennsylvania State University, Penn State Law Master of Laws

This article examines the complex intersection between national security and migrant rights within the framework of international law. With an increasing focus on security, many states have adopted policies that restrict migration, often infringing on human rights, particularly the rights of asylum seekers and refugees. Using data from various regions, including the United States, Europe, and Australia, the article analyzes the impact of securitization on migration policies, such as reduced asylum approval rates, the rise in migrant detentions, and violations of the non-refoulement principle. The research highlights the challenges in balancing state security with the protection of migrants, emphasizing the role of international organizations and legal frameworks in addressing these issues. The article concludes that while national security concerns are valid, states must uphold their international obligations to protect migrant rights.

. J. C. Hathaway, The Rights of Refugees Under International Law, Cambridge: Cambridge University Press, 2005.

. G. S. Goodwin-Gill, The Refugee in International Law, Oxford: Oxford University Press, 2014.

. R. Cholewinski, "Migrant Rights and Security: Policy Conflicts in Europe," J. Migration and Human Security, 2007.

. E. Guild, "Security and Migration in Europe: A Complex Relationship," European J. Migration and Law, 2009.

. Hirsi Jamaa v. Italy, Application no. 27765/09, European Court of Human Rights, 2012.

. Trump v. Hawaii, 585 U.S., 2018.

. UN General Assembly, Global Compact for Safe, Orderly, and Regular Migration, 2018.

. A. Betts, Survival Migration: Failed Governance and the Crisis of Displacement, Ithaca, NY: Cornell University Press, 2013.

. M. J. Gibney, The Ethics and Politics of Asylum: Liberal Democracy and the Response to Refugees, Cambridge: Cambridge University Press, 2013.

. C. Boswell, "Migration Control in Europe after 9/11: Explaining the Absence of Securitization," J. Common Market Stud., 2023.

. E. Feller, Refugee Protection in International Law: UNHCR's Global Consultations on International Protection, Cambridge: Cambridge University Press, 2019.

. S. Castles and M. J. Miller, The Age of Migration: International Population Movements in the Modern World, 7th ed., London: Palgrave Macmillan, 2022.

. S. H. Legomsky, "The New Path of Immigration Law: Asymmetric Security," Stanford Law Rev., 2007.

. UNHCR, Protecting Refugees and Asylum Seekers in International Law: The Role of the UNHCR, 2024.

. D. A. Martin, The Refugee Concept in International Law: Comparative Approaches to Statelessness, Oxford: Clarendon Press, 2010.

. E. Brouwer, "Digital Borders and Real Rights: Effective Remedies for Third-Country Nationals in the Schengen Information System," European J. Migration and Law, 2016.

. J. H. Carens, The Ethics of Immigration, Oxford: Oxford University Press, 2023.

. K. Koser, International Migration: A Very Short Introduction, Oxford: Oxford University Press, 2023.

• View Article

This work is licensed under a Creative Commons Attribution 4.0 International License.