Informal agreements and quasi-legal mechanisms in EU-Africa cooperation on migration: how the EU takes advantage of the GCM commitments

Frontiers in Human Dynamics

Human Dynamics

Eleonora Frasca¹ 

[1] null;

关键词: soft law;    external dimension of EU migration law;    global compact for migration;    GCM;    informal agreements;    informalization;    capacity-building;    EU Trust Fund for Africa;   

DOI  :  10.3389/fhumd.2023.1207628

 received in 2023-04-17, accepted in 2023-09-08,  发布年份 2023

来源: Frontiers

【 摘 要 】

Soft law plays an increasing role in EU external migration law, particularly in the context of EU-Africa cooperation on migration. A legal-analytical inquiry into the formats and functions of soft law, based on the example of EU-Africa cooperation on migration, reveals that the EU preference for soft law is functional to achieve the EU's own migration objectives in Africa, namely preventing and containing irregular migration, rather than facilitating mobility, as envisaged in the UN Global Compact for Migration. This article presents and discusses the formats of soft law in EU-Africa cooperation, distinguishing between informal agreements and quasi-legal mechanisms for cooperation, and their respective para-law and pre-law functions. It then suggests that while informal agreements set the broad objectives of international cooperation and prepare the ground for legal changes in third countries, quasi-legal mechanisms for cooperation guarantee their implementation. Their combined effects ignite broader processes of domestic reforms in the African States through a technique of legal influence.

【 授权许可】

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