Maria Mariana Soares de Moura

Student Number: 6649

ORCID Number: 0000-0002-2864-118X
Applicant association key: J808632UEj02

PhD Work Program

Application to the Research Fellowship for PhD Student at Nova School of Law
under the Collaboration Protocol between CEDIS and FCT.

1. Title

The Global Compact for Safe, Orderly and Regular Migration: the impact of a soft
law cooperation on the fundamental rights of migrants.

2. Objective

The aim of this research project is to verify the effectiveness and adequacy of the
Global Compact for Safe, Orderly and Regular Migration (GCM), an agreement that does
not legally bind the parties, concerning the performance of signatory States in the
implementation of actions to promote and protect the fundamental rights of migrants in
their territories.

3. Relevance

The recent adoption of the Global Compact for Migration (GCM) represents a
significant step forward in achieving better international cooperation in the management
of human mobility and expresses the notion that migration is not an isolated phenomenon,
but rather dependent on sharing and commitment of States on a global scale (Sousa,
2019).

The GCM is a collaborative document and has become the first intergovernmental
instrument widely negotiated on the subject of international migration, considering in this

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approach the factors of migration and their connection to the rights and dignity of all those
in a migratory situation (United Nations [UN], 2018).

Along these lines, the GCM aims to help States to enhance the good effects of
migration for migrants and their families, while simultaneously aims to reduce the factors
that compel people to move or that cause them to do so in an insecure, disorderly and
irregular manner. In these terms, is revealed the essential action of the States in outlining
common objectives that also focus on the needs of migrants. In general, the migration
agreement is concerned with creating conditions for individuals to have a safe and
dignified life wherever they are (Solomon & Sheldon, 2018).

The GCM is based on the recognition that the risks and the negative impacts that
unmanaged migration can have on society and on the lives of individuals justify the
treatment of international migration in all its dimensions with a global perspective, taking
into consideration the main stakeholders in the migration process (Oelgemöller &
Allinson, 2020).

However, the GCM has a special feature: it does not legally bind the Member
States, framing itself as a soft law instrument. The use of soft law, in this case, involves
deep debates, namely with regard to its effectiveness and adequacy, in the context of the
challenges faced and, above all, regarding the protection of the fundamental rights of
migrants. This puts in doubt its real legal authority, inclusive in terms of its effective
impact on the legal system, namely concerning the need for an innovative normative
creation, in consideration of the new objective of the global governance of migration
(Bufalini, 2019).

Even so, a document that is not legally binding can be justified due to the greater
adhesion of States, since it carries the advantage of having a generic formulation, without
defining specific conducts on the part of its adherents. That way, the commitment adopted
by the Member States respects their sovereign right to determine what measures to adopt
in order to pursue the outlined objectives, as well as what dimension it will assume in
national policy, which allows a high degree of flexibility and discretion in facing global
challenges, according to the possibilities of each Member State (Bufalini, 2019).

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 A possible solution to the problem that arises around the influence of the GCM on
the practices of States is related to the existence and possible capacity of review
mechanisms provided for in the agreement itself to persuade the behavior of the members
of the GCM, which is why the role of the review mechanisms and also their effectiveness
will be the subject of careful analysis (Guild & Weiland, 2020).

In general, the Global Compact for Safe, Orderly and Regular Migration is still
very recent, which highlights the current interest in deepening issues around its
effectiveness as soft law - still little explored in the existing doctrine and necessary for
the contribution of the study on the issues surrounding the benefits arising from the GCM,
especially with regard to the protection of the fundamental rights of migrants (Guild &
Weiland, 2020).

Furthermore, the in-depth study of the Global Compact for Migration stimulates
the search for answers to the practice of Member States in adopting public policies aimed
at tackling the problems of migration, especially regarding the primary task of making
human mobility a phenomenon characterized by the security, order and regularity, aiming
at the development of the countries of origin, transit and destination of migrant people
(Sousa, 2019).

This project surrounds the issue of the contribution of global governance to

migration in a greater realization of fundamental rights, since international mechanisms,
coupled with the maintenance of the sovereignty of States, have, in reality, still failed to
guarantee the effectiveness of these rights.

It is in this context that the end of this research, in addition to the important
consideration of the effects of the soft law character of the GCM, proposes to achieve a
necessary and in-depth analysis of the compatibility of the document with the potential
of the objectives relating the maximization and effectiveness of protecting the
fundamental rights of migrants in each Member State that has committed itself in meeting
the challenge of a secure, orderly and regular international migration management.

In this sense, the research becomes even more relevant when it is identified that
the GCM interferes directly and indirectly, in the fulfillment of several Objectives of the
United Nations 2030 Agenda for Sustainable Development. Firstly, it must be established

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that human migration, in a broad sense, is necessary and beneficial for sustainable
development. In this sense, the need to implement planned policies for good migration
management is a factor that favours the achievement of the objectives which UN 2030
Agenda intends (Sinatti & Horst, 2015).

This is exactly how the Global Compact for Safe, Orderly and Regular Migration
behaves as a mechanism that connects migration with the objectives of sustainable
development. Migration inevitably becomes a phenomenon that needs special attention if
the objectives proposed by the 2030 Agenda are to be successful (Rotaeche, 2019).

It is important to note that for countries of origin, transit and destination, migration
is done in a safe, orderly and regular manner with good planning and management policies
that can be beneficial to all actors involved, especially in meeting some sustainable
development goals such as combating poverty (SDG 1) and inequality (SDG 10) (UN,
2015).

The Global Compact itself, through its principle 51, demonstrates that it is rooted
in the 2030 Agenda for Sustainable Development because it is based on the recognition
that migration is a “multidimensional reality of greater relevance for the sustainable
development of countries of origin, transit and destination” (Gil, 2019).

Therefore, the theme of the GCM alone is closely linked to the 2030 Agenda,
concerning the relevance it assumes in the future of the balanced management of human
migration globally, influencing the reduction of inequalities.

Objective number 8 (eight) of the 2030 Agenda (SDG 8) translates into decent
work and economic growth, and in point 8.8 it explicitly addresses the problem of
migration by pointing out that: “Protect labour rights and promote safe and secure

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The Global Compact is rooted in the 2030 Agenda for Sustainable Development, and builds upon its
recognition that migration is a multidimensional reality of major relevance for the sustainable development
of countries of origin, transit and destination, which requires coherent and comprehensive responses.
Migration contributes to positive development outcomes and to realizing the goals of the 2030 Agenda for
Sustainable Development, especially when it is properly managed. The Global Compact aims to leverage
the potential of migration for the achievement of all Sustainable Development Goals, as well as the impact
this achievement will have on migration in the future.
https://refugeesmigrants.un.org/sites/default/files/180711_final_draft_0.pdf
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working environments for all workers, including migrant workers, in particular women
migrants, and those in precarious employment” (UN, 2015).

Labour exploitation or the number of migrants who are subjected to degrading

working conditions are directly linked to the absence or inefficiency of public policies in
the State aimed at the efficient management of immigration. Migrant workers generally
place themselves in a situation of high vulnerability, either because they are irregular in
the country where they are exploited and fear expulsion or because they have no
alternative but to survive in the country (Rotaeche, 2019), hence the importance of the
GCM as an ally to encourage the achievement of this goal in States.

The GCM impact goes hand in hand with the 2030 Agenda, also because the latter
reinforces the need to achieve these objectives, based both on the establishment of
collaborative alliances at all levels, between States, with other social actors of civil society
organizations, National Human Rights Institutions, academic institutions, the private
sector and various parties potentially interested in the regulation of international
migration (SDG 17) (UN, 2015).

4. Integration of the project in the CEDIS research

strategy

Another point to highlight in the relevance of the research has to do with its
innovative character in the investigation of Law in Portugal in a recent theme and of
necessary discussion in the national scene. Assuming the well-known importance of the
role of migrants in the country's development, the study of a global instrument that
regulates the migratory process and its implementation at a national level represents an
advance in the debate that aims to solve the problem of the effectiveness of a soft law
instrument to solve global challenges such as the protection and effective guarantee of
the fundamental rights of migrants through their adoption and implementation. The theme
does not currently find much research on the national scene and will require the study of
Law in an interdisciplinary perspective because an investigation aimed at analyzing the
fundamental rights of migrants is not done without calling elements from other sciences
such as Sociology, Anthropology and Political Science.

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 5. Methodology

The development of the research on the Global Compact for Migration attempts
to answer the question of how the GCM, an instrument of soft law, and which is only
anchored in mutual cooperation, can impact the actions of States to implement actions to
promote and effectively protect fundamental rights of migrants in their territories.

The GCM is still a recent development and it will be necessary to monitor it since
its implementation until the evolution of it during the period of this investigation,
especially regarding to the observance of its influence in actions taken to implement and
protect fundamental rights of migrants. However, the risks arising from the volatility of
the topic are not ignored, which are expected to be mitigated by revising the research
project at various times and by permanently (until the last moment) monitoring the
sources.

In the first moment of the research, it will be essential to carefully analyze the
United Nations documents that were relevant to the implementation of the Global
Compact: New York Declaration, some considerations about the Global Compact for
Refugees, the Global Compact for Safe, Orderly and Regular Migration, the 2030 Agenda
for Sustainable Development and other official documents related to the implementation
of the GCM.

The other moment of the investigation should focus on the nature of the GCM, in
general, and its reputability to improve respect for the fundamental rights of migrants in
the implementation of the GCM proposal.

From September to November 2020, visits to national and international libraries

and universities (with the participation in a Summer School in August and September
2021) will begin, which, both for their bibliographic resources and for their academic
staff, if appear particularly relevant to the topic:

- Faculty of Law, University of Lisbon, for its assets;

- Library of the Attorney General's Office, for its assets;
- National Library, for its collection;
- Constitutional Court Library, for its collection;

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 - Université Libre de Bruxelles, Brussels, Belgium, for its assets and the Academic
Network for legal studies on immigration and asylum in Europe;
- Radboud University, Nijmegen, Netherlands Center for Migration Law, for its
assets and for being the centre that edits the European Journal for Migration and Law.

This period will also be dedicated to a survey of data, infographics, statistics and
conclusions placed in the World Migration reports published by the International
Organization for Migration (2018-2021), Migration Portal Data, Knowledge Centre on
Migration and Demography and other organizations and other statistical information on
immigration at the local, regional and international level which are relevant to the issue
of protection of the fundamental rights of migrants and the national implementation in
some signatory states of the GCM.

This list is exemplary and changeable. In these Universities and Research Centers,
bibliographic, monograph and periodical research will be carried out and teachers and
researchers dedicated to Global Compact for Migration studies will be contacted.

After the presentation of the thesis project, scheduled to take place in the second
semester of 2020, all necessary adjustments will be made until February 2021 for the
conclusion of the project, with the March 2021 period being dedicated to the continuation
of the writing already started of the first chapter of the thesis, with a forecast of conclusion
of its first version for May 2021. Between June and July, the second chapter will begin to
be held, with a break in August for the Odysseus Summer School on EU Immigration and
Asylum Law and Policy at the Université Libre of Brussels. In October 2021 it is intended
to finalize and deliver the written outline of Chapter 2 to the Advisor. Update of sources
with information and network throughout Odysseus Summer School.

From November 2021 until March 2022 it will be the period dedicated to the
writing of Chapter 3 and from April to September 2022, with a break in August 2022 to
participate in the Summer course on Citizenship and Migration at Radboud University
when, after the teachings of the course, I intend to deliver the first considerations of
Chapter 4.

By October 2022 the conclusions will be handed over to the advisor. The
remaining subsequent months (including additional months due to the suspension of the

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term due to the Corona Virus pandemic) will be used for review and clearance of writing,
being possible its delivery within the stipulated period.

6. Schedule of Activities

WORKING PROGRAM SCHEDULING

Meeting with the Advisor; Continuation of in- September 2020
person bibliographic collection (Libraries)
and online databases.
First survey of data, infographics, statistics October-November 2020
and conclusions placed in the World
Migration reports published by the
International Organization for Migration
(2018-2021), Migration Portal Data,
Knowledge Centre on Migration and
Demography and other organizations.
Presentation of the dissertation project for
public discussion.
Review and improvement of the Doctoral December 2020-February 2021
Thesis Project. Preliminary reading of the
collected databases. Literature review.
Meeting with the supervisor. Beginning of the March 2021
outline of Chapter 1. Origins of the Global
Compact for Migration: the route from the
New York Declaration to Marrakech.
Source treatment. Online monitoring of April-May 2021
sources. Finalize and deliver the draft for
Chapter 1 to the Advisor.
Online monitoring of sources. Advanced June-July 2021
Reading. Initial Written Outline of Chapter 2.
Odysseus Summer School on EU August-September 2021
Immigration and Asylum Law and Policy at
the Université Libre of Brussels.
Online monitoring of sources. Advanced September-October 2021
Reading. Finalize and deliver the written
outline of Chapter 2 to the Advisor. Update of
sources with information and network
throughout Odysseus Summer School.
Meetings with the Advisor: discussion of the November-December 2021
research plan for the following months.

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Online monitoring of sources. Advanced
Reading. Chapter 3 outline begins.
Conclusion of the written outline of Chapter January-March 2022
3 to the Advisor.
Online monitoring of sources. Advanced April-June 2022
Reading. Chapter 4 outline begins.
Visit to the Centre for Migration Law, July 2022
Radboud University and Summer course on
Citizenship and Migration.
Online monitoring of sources. Conclusion of August-September 2022
the written outline of Chapter 4 to the
Advisor. Delivery of Conclusions to the
advisor.
Delivery of the Conclusions to the advisor. October 2022
Review and clearance of writing. Finalization November-December 2022
of the thesis.
Delivery of the Doctoral Thesis. End of the January 2023
Scholarship.

Time available before delivery: 4 months for introduction, conclusions and reviews
of the work done.

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 7. Early Bibliography

Betts, A. (2011). Global Migration Governance. Oxford: Oxford University Press.

Blake, Nicholas. (2003). Immigration, asylum and human rights.

Oxford: Oxford University Press, 2003.

Bufalini, A. (2019). The Global Compact for Safe, Orderly and Regular Migration: What
is its contribution to International Migration Law? Questions of International Law, 58,
vol. 5, 24. Retrieved from: http://www.qil-qdi.org/wp-
content/uploads/2019/05/02_Global-Compact_BUFALINI_FIN_Rev-1.pdf.

Carrera, S., Santos Vara, J. & Strik, M.H.A. (Ed.). (2019). Constitutionalising the
External Dimensions of EU Migration Policies in Times of Crisis. Legality, Rule of Law
and Fundamental Rights Reconsidered. Cheltenham: Edward Elgar Publishing.

Chetail, V. & Bauloz, C (edit.). (2014) Research handbook on international law and
migration. Cheltenham: Edward Elgar.

Condorelli, L., & Claus K. (2010). The rules of attribution: General considerations. In
The law of international responsibility, ed. James Crawford, Alain Pellet, Kate Parlett,
and Simon Olleson, 221–237. Oxford: Oxford University Press.

Gabay, C. & Suzan I. (2017). Leaving no-one behind? The politics of destination in the
2030 Sustainable Development Goals. Globalizations 14 (3): 337–342. DOI:
10.1080/14747731.2017.1281623

Gammeltoft-Hansen, T, John, C., & Stephanie, L. (2016). Tracing the roles of soft law in
human rights. In The roles of soft law in human rights. Oxford: Oxford University Press.

Gammeltoft-Hansen, T, John, C., & Stephanie, L. (2017). Human rights and the dark side
of globalisation: Transnational law enforcement and migration control. London:
Routledge.

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Guild, E. & Weiland. R. (2020). The UN Global Compact for Safe, Orderly and Regular
Migration: What does it mean in International Law? Global Community: Yearbook of
International Law and Jurisprudence 10(1).
https://qmro.qmul.ac.uk/xmlui/handle/123456789/61733.

Gil, Ana Rita. (2019). Guiding Principles of the Global Compact on Migration. Sousa,
Constança Urbano de (edit.). In The relevance of migration for the 2039 Agenda for
Sutainable Development – The Global Compact for Safe, Orderly and Regular Migration.
Lisboa: Universidade Autonoma de Lisboa.

Gruchalla-Wesierski, T. (1984). A Framework for Understanding “Soft Law.” McGill

Law Journal, 30, 37–88.

Mantu, S.A., Minderhoud, P.E. & Guild, E. (Ed.). (2020). EU Citizenship and Free
Movement Rights. Taking Supranational Citizenship Seriously (Immigration and Asylum
Law and Policy in Europe, 47). Leiden: Brill (XIV, 438 p.).

Oelgemöller, C. & Allinson, K. The Responsible Migrant, Reading the Global Compact
on Migration. Law Critique 31, 183–207 (2020). Retrieved from:
https://doi.org/10.1007/s10978-020-09265-9.

Rotaeche, Cristina Gortázar. (2019). The constant link between migration and sustainable
development: The 2030 Agenda and the “not let nobody behind principle. In Sousa,
Constança Urbano de (edit.). The relevance of migration for the 2030 Agenda for
Sutainable Development The Global Compact for Safe, Orderly and Regular Migration.
Lisboa: Universidade Autónoma de Lisboa.

Solomon, Michele Klein & Sheldon, Suzanne. (2018). The Global Compact for
Migration: From the Sustainable Development Goals to a Comprehensive Agreement on
Safe, Orderly and Regular Migration, International Journal of Refugee Law, Volume 30,
Issue 4, December 2018, Pages 584–590, https://doi.org/10.1093/ijrl/eey065.

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Sinatti, G., & Horst, C. (2015). Migrants as agents of development: Diaspora engagement
discourse and practice in Europe. Ethnicities, 15(1), 134–152. DOI:
https://doi.org/10.1177/1468796814530120.

Sousa, Constança Urbano de (edit.). (2019). The relevance of migration for the 2030
Agenda for Sutainable Development The Global Compact for Safe, Orderly and Regular
Migration. Lisboa: Universidade Autónoma de Lisboa.

Strik, M.H.A. (2019). Migration deals and responsibility sharing. Can the two go
together? (extern rapport, Nijmegen Migration Law Working Papers Series, no 2019/2).
Nijmegen: Radboud University Nijmegen.

Zetter, Roger. (2015). Protection in Crisis. Forced Migration and Protection in a Global
Era. Retrieved from: http://www.migrationpolicy.org/node/15242.

UN DOCUMENTS

United Nation General Assembly. (2016). New York Declaration for Refugees and
Migrants. Retrieved from United Nations:
http://www.un.org/en/development/desa/population/migration/generalassembly/docs/gl
obalcompact/ A_RES_71_1.pdf

United Nation General Assembly. (2018). Global Compact for Safe, Orderly and Regular
Migration.

United Nations. (2015). Transforming our world: the 2030 agenda for sustainable
development. Retrieved from Sustainable Development. Retrieved from:
http://www.un.org/en/development/desa/population/migration/generalassembly/docs/gl
obalcompact/ A_RES_70_1_E.pdf.

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