Il Patto globale per le migrazioni alla luce del diritto internazionale

The present article offers an analysis of the Global Compact for safe, orderly and regular migration from the perspective of international law and. It evaluates the impact of the Global Compact on the system of the sources of international law, in particular on the sources applicable to the management of migration flows. The key question presented is whether the newly adopted document could contribute to the evolution of international migration law, with a particular focus on the applicable international human rights’ regimes. To answer this question, the article first scrutinizes the legal nature of the Global Compact through an analysis of its drafting and negotiating procedures. Then, it presents the content of the objectives listed in the document and confronts it with States’ existing legal obligations. The article concludes that the Global Compact, despite being a non-legally binding instrument, might affect States’ obligations, contributing to interpret existing international legal norms. In this regard, it is doubtful whether such an impact could contribute to the evolution of international migration law; rather, the article highlights the risk that the soft nature of the Global Compact could ‘soften’ States’ human rights obligations towards migrants.