But if it is a good thing for people to move from England to Germany in search of a better job, why is it so terrible for people to move from Sudan to the U.S. to work?.
Elaborate national and international systems of containment and classification based on national origin have been developed over the past quarter-century with regard to migrants, but with the exception of the refugee migrants, there is no formal or comprehensive multilateral regime regulating how states can and should respond to the movement of people across national borders and protecting their safety and human dignity. .
This paper will examine the existing legal framework concerning forced and voluntary migrants, global trends, preemptive or preventive measures aimed to mitigate migration and forwarding a series of recommendation to formulate a more effective migration system. .
II. Current Migration Framework and Governance .
The sole existing international framework for addressing migrant crises is not well suited to the migrant crises that the world is presently grappling with and will continue to grapple with during the first half of the 21st century. Even many of the would-be refugee recipient countries are signatories to the UN Refugee Convention, the out-dated criteria and definitions of that 1951 Convention do not deal with the current challenges of mix migration complexities. The current framework emerged following World War II and was shaped to address politically and ethnically motivated persecution perpetrated by totalitarianism regimes (e.g., Nazi Germany) and which was an appropriate response to the principal migrant crises that defined the post-war world -- namely, politically motivated flight from communism and authoritarianism. The issue was essentially East vs. West and the response was limited to discrete groups -- so the threat to national borders was generally (though not always) contained. At any rate, when the flows were large, there was a politically motivated consensus in the western world about how to address them and a recognition/acceptance of the need for burden sharing.
