Episode 35: Human Mobility and International Law - EJIL: The Podcast!
Episode 35: Human Mobility and International Law Episode 35 • 30th June 2025 • EJIL: The Podcast! • European Journal of International Law 00:00:00 00:41:57 1 Notes Links Follow Share Notes Links Follow Share Share Episode Share Copy link Start at Embed Copy code Download Audio Share to X Share to LinkedIn Shownotes Migration has become a defining issue of our time, visibly shaping political discourse, legal systems, and public imaginaries. Yet for all its salience, international law’s capacity to respond to the complexities of human mobility remains fractured, fragile, and often inadequate. In this episode, we take a hard look at the international legal architecture surrounding migration: where it comes from, where it fails, and what alternative frameworks might exist beyond the dominant focus on non-refoulement and transnational criminal law. We begin with a frank assessment: despite landmark treaties like the 1951 Refugee Convention, international law provides no comprehensive regime for facilitating – much less fostering – human mobility. Instead, migrants are increasingly subject to carceral and criminalizing legal responses, while international legal regimes defer to the sovereignty and discretion of receiving states. Joining us for this episode are three experts in global migration law and governance: Jaya Ramji Nogales (Temple Law School in Philadelphia), Noora Lori (Boston University), and Amanda Bisong (European Center for Development Policy Management). Together, they offer critical insights on how legal scholars and practitioners might better understand, challenge, and reimagine the role of international law in regulating – and enabling – mobility across borders. Scholarship mentioned includes Bina Fernandez’s ‘ Traffickers, Brokers, Employment Agents, and Social Networks: The Regulation of Intermediaries in the Migration of Ethiopian Domestic Workers to the Middle East ’ (2013) 47 International Migration Review 814–43 and Petra Molnar’s The Walls Have Eyes: Surviving Migration in the Age of Artificial Intelligence (2024). Follow RSS Links Chapters Video More from YouTube
Executive Summary
This episode of EJIL: The Podcast! delves into the intricate relationship between human mobility and international law, highlighting the inadequacies of current legal frameworks in addressing the complexities of migration. The discussion features insights from experts Jaya Ramji Nogales, Noora Lori, and Amanda Bisong, who critically assess the existing international legal architecture, its origins, failures, and potential alternatives. The episode critiques the dominant focus on non-refoulement and transnational criminal law, emphasizing the need for a more comprehensive and enabling framework for human mobility. Notable scholarship, such as Bina Fernandez’s work on Ethiopian domestic workers and Petra Molnar’s exploration of AI in migration, is referenced to underscore the evolving challenges in migration governance.
Key Points
- ▸ The current international legal framework for migration is fragmented and often inadequate.
- ▸ There is a growing trend of carceral and criminalizing responses to migration.
- ▸ Experts discuss the need for alternative frameworks beyond non-refoulement and criminal law.
- ▸ Scholarship highlights the role of intermediaries and technology in migration governance.
Merits
Comprehensive Expertise
The episode features a diverse panel of experts who provide nuanced and critical insights into the current state of international migration law.
Critical Assessment
The discussion offers a frank and critical evaluation of the existing legal frameworks, identifying their shortcomings and potential areas for improvement.
Interdisciplinary Approach
The episode incorporates interdisciplinary perspectives, including legal, social, and technological dimensions, to provide a holistic understanding of migration issues.
Demerits
Lack of Concrete Solutions
While the episode critically assesses the current legal frameworks, it does not offer concrete policy recommendations or actionable solutions.
Limited Scope
The discussion primarily focuses on the legal aspects of migration, potentially overlooking the socio-economic and political factors that significantly influence migration patterns.
Theoretical Emphasis
The episode leans heavily on theoretical critiques and scholarly references, which may limit its practical applicability for policymakers and practitioners.
Expert Commentary
The episode provides a timely and critical examination of the current state of international law in addressing human mobility. The insights offered by the experts are invaluable in understanding the complexities and challenges of migration governance. However, the discussion could benefit from a more balanced approach that includes practical solutions and policy recommendations. The episode’s emphasis on theoretical critiques, while intellectually stimulating, may not fully address the immediate needs of policymakers and practitioners. Additionally, the interdisciplinary perspectives presented highlight the need for a holistic approach to migration governance that incorporates legal, social, and technological dimensions. Overall, the episode contributes significantly to the ongoing discourse on migration and international law, but further exploration of actionable solutions is warranted.
Recommendations
- ✓ Incorporate practical policy recommendations and actionable solutions in future discussions on migration and international law.
- ✓ Expand the scope of discussions to include socio-economic and political factors that influence migration patterns.
- ✓ Encourage interdisciplinary collaboration to develop comprehensive and effective migration governance frameworks.
