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).