Friday, December 8, 2023

Immigration Article of the Day: State Responsibility for Forced Migration by Pooja Dadhania

PD

State Responsibility for Forced Migration, 64 B.C. L. Rev. 745 (2023), by immprof Pooja Dadhania (Cal Western) is now available in print! Here's the abstract to whet your appetite.

International refugee law does not hold states accountable for the forced migration they cause. Using the international law doctrine of state responsibility, this Article aims to shift the discourse on migration policy towards a state accountability approach that considers the role states play in causing forced migration. This Article uses state responsibility to explore the obligations of a state after it commits a violation of international law that results in forced migration. The general principle undergirding state responsibility is that a state should provide full reparation for harms caused by its violation of an international obligation. Applying state responsibility to forced migration, a state must provide reparation for forced migration caused by the state’s violation of international law. Potential forms of reparation include monetary remedies and the resettlement of forced migrants. An examination of forced migration through the lens of state responsibility can better protect migrants and hold states accountable for their unlawful actions that cause displacement.

-KitJ

https://lawprofessors.typepad.com/immigration/2023/12/immigration-article-of-the-day-state-responsibility-for-forced-migration-by-pooja-dadhania.html

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