The Role of International Law in Shaping National Immigration Policies.

Abstract

Immigration law stands at the interface between state sovereignty and international law obligations, creating a dynamic space where national policy is relentlessly being redefined by evolving global frameworks. International law, framed in terms of treaties, conventions, customary law, and judicial precedent, has increasingly influenced how states organize, regulate, and rationalize their immigration policies. Mechanisms such as the 1951 Refugee Convention and its 1967 Protocol, the International Covenant on Civil and Political Rights, the European Convention on Human Rights, as well as regional instruments of the Americas and Africa have set standards limiting arbitrary exclusion and reiterating protection for basic rights of refugees and migrants. At the same time, soft law instruments like the 2018 Global Compact on Safe, Orderly and Regular Migration encouraged cooperative responses to address contemporary issues like climate-induced displacement and irregular migration. This paper critically examines how much international law affects national immigration policy, balancing state interests in controlling borders with obligations to maintain human dignity. By analysing seminal court decisions, new controversies, and significant legal doctrines, the study frames the tension between universality and sovereignty, asymmetrical enforcement across regions, and growing calls for greater international solidarity. The study concludes that international law provides normative guidance of great value but depends on political will, enforcement strategies, and the capacity of states to reconcile national interests and international obligations.