Rethinking International Refugee Law: A Meta-Juridical Approach To Migration Governance In A Fragmented World

Abstract

This paper is intended as a presentation of a topic for reflection within the legal field, designed to stimulate readers’ critical thinking and discernment. The study, whose thoroughness is grounded in the bibliography consulted, explores the issue of the potential application of a meta-juridical approach in the field of international law, with a particular focus on migration law. Starting from a somewhat formalistic approach, meta-jurisprudence presents itself as a dynamic, reflective, and innovative framework that possesses an intrinsic capacity to interpret legal norms, while remaining open to the diverse socio-political realities of today.

The underlying theme reflects a certain concern regarding international legal frameworks - particularly those governing asylum and refugee protection - which are proving increasingly inadequate in managing complex and hybrid migration flows. Through a critical analysis of existing norms and practices - including, notably, the 1951 Refugee Convention - this study aims to highlight structural gaps between international legal obligations and state behaviors, gaps that can be bridged by applying a meta-juridical reinterpretation. The article therefore proposes a shift in direction and perspective, one that embraces a proactive rather than merely reactive legal reasoning.

The conclusion will be reached that incorporating a meta-juridical approach into international refugee law can enhance the legitimacy and effectiveness of those norms, paving the way for a more coherent and humane migration governance process, in light of an increasingly fragmented global order.