Legal transfers of migration law: the case for an interdisciplinary approach. (27th January 2023)

• Record Type: Journal Article
• Authors: Ghezelbash, Daniel
• Is Part Of: International journal of migration and border studies. Volume 7:Number 2(2023)
• Page Start: 182
• Page End: 196
• Publication Date: 2023-01-27
• Subjects: transplants -- transfers -- migration -- law -- policy -- refugee -- diffusion -- interdisciplinary -- success -- identification -- measures -- measuring; Emigration and immigration -- Periodicals; Border security -- Periodicals; 304.805
• Languages: English
• ISSNs: 1755-2419

Abstract

This article provides an introduction to the study of legal transfers/ transplants and its application in the context of comparative migration law. I begin by reflecting on the capacity of the methods and approaches used in the legal transfer literature to capture the nuances of the contemporary transfers of migration policies. I argue for the need for greater dialogue between the legal scholarship and work in other disciplines examining the transfer of laws and policies across jurisdictions, particularly the political science scholarship in diffusion, and the public policy work on policy transfer. I explore the relative strengths and weaknesses of these various approaches and propose transdisciplinary approaches to addressing two important methodological questions: 1) identifying whether a transfer has occurred; 2) measuring its success. I conclude with some reflections on the utility of studying legal transfers of migration policies, and why those two questions are so crucial to such inquiries.