Migration and Sovereignty between the Logic of the State and International Obligations

Abstract

There is doctrinal conflict between the concepts of national sovereignty and international migration within the framework of human rights, as they are viewed as conflicting requirements, where the existence of one necessarily affects the other. When analyzing the management of migration, a deeper understanding of the concept of sovereignty becomes evident, as it exercises its role in monitoring borders and determining who is allowed to enter the territory. The relationship between migration and the principle of sovereignty is intertwined and complex, based on the premise that sovereignty is a fundamental pillar in international law, ensuring the state’s ability to impose its control and its right to regulate its borders. However, the increase in international migration flows, whether regular or irregular, it reflects the challenge of reconciling the protection of national sovereignty and border control on the one hand, and the guarantee of human rights within the scope of migration on the other hand, which requires careful and balanced consideration between the requirements of sovereignty and international obligations.