CEU eTD Collection (2020); Stepanets, Anastasiya: Compliance with 'soft law' and multilateral cooperation in global governance of migration: a case study of the Global Compact for Safe, Orderly and Regular Migration

CEU Electronic Theses and Dissertations, 2020
Author Stepanets, Anastasiya
Title Compliance with 'soft law' and multilateral cooperation in global governance of migration: a case study of the Global Compact for Safe, Orderly and Regular Migration
Summary In 2018 the UN General Assembly endorsed a non-legally binding Global Compact for Safe, Orderly and Regular Migration establishing that way the first of its kind framework for governing multilateral cooperation of states in international migration. However, there can be found academic opinions expressing doubts regarding its implementation and states’ compliance with it due to its ‘soft law’ nature.
This research assesses through qualitative approach the implications for compliance and multilateral cooperation in a global governance of migration by means of ‘soft law’ on the example of the Compact. The main research question is on how the ‘soft law’ nature of the Compact may impact states’ compliance and which are the implications that can be drawn from the process of elaboration of the Compact, states’ positions on it and the norms included in the Compact, to assess the potential compliance.
From the analysis, it can be suggested that the Compact managed to embrace almost all the advantages established through previous studies of the use of ‘soft law’ instruments in global governance. Its nature, all else equal, should have a positive impact on further implementation and compliance with the Compact, just as on multilateral cooperation of states in global governance of migration. The main obstacles that can be encountered in compliance may be related to substantial changes in pay-offs; lack of capacities; loss of political support at domestic level and to finding the remedy to address non-compliance given the ambiguity of verification and monitoring mechanisms established by the Compact.
Supervisor Granger, Marie-Pierre; Triviño Salazar, Juan Carlos.
Department Public Policy MA
Full texthttps://www.etd.ceu.edu/2020/stepanets_anastasiya.pdf

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