Forthcoming in the Max Planck Yearbook of United Nations Law (27)
persons between states and the legal status of migrants within host countries’.5 Rather,
‘international migration law’ is here understood as a broader set of norms governing the
position of non-nationals in international law in its various forms. Hence, even though certain
topics may not directly concern migration, they nevertheless touch on issues at the core of the
field. For instance, although the law of extradition is normally associated with international
and comparative criminal law, the rule of the non-extradition of political offenders is at the
basis of the right of asylum. Similarly, the work of the Commission on the law of state
succession was of great importance to flesh out the right to a nationality and the avoidance of
statelessness in that context. The intention is thus to assemble some of the relevant principles
and rules dispersed around a vast legal expanse of codification conventions and draft articles
concluded by the Commission over its seven decades and a half of existence. As a side effect,
however, the paper risks being too descriptive at times – for which I apologize to the reader.
II. The Right of Asylum and the Codification that Never Was
A. The Law of Asylum
When the ILC first considered the law on asylum as ripe for codification during its inaugural
session, the topic was very much alive. One year earlier, the UN General Assembly (UNGA)
had adopted the Universal Declaration of Human Rights (UDHR), which included among other
fundamental entitlements the right of everyone ‘to leave any country, including his own’6 and
to ‘seek and enjoy in other countries asylum from persecution’7 – even if there was no
corresponding obligation on states to grant such protection. Around the same time, the UN was
V. Chetail, International Migration Law (Oxford University Press 2019), at 7. On the definition of ‘global
migration law’, see J. Ramji-Nogales and P.J. Spiro, ‘Introduction to Symposium on Framing Global Migration
Law’ (2017) 111 AJIL Unbound 1-2, at 1.
6
UNGA Res. 217 A, ‘Universal Declaration of Human Rights’ (10 December 1948), at Art. 13(2).
7
Ibid., at Art. 14(1).
5
4
Electronic copy available at: https://ssrn.com/abstract=4816199