Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism

With the rise in migratory movements, two key issues have become increasingly relevant: on the one hand, the protection of migrants’ rights and the regulation of migration processes by states; and on the other hand, questions concerning state sovereignty, national security, and internal socio-politi...

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Main Author: Anna Phirtskhalashvili
Format: Article
Language:English
Published: Constitutional Court of Georgia 2024-09-01
Series:Journal of Constitutional Law
Subjects:
Online Access:https://constcourt.ge/files/9/2)%20Phirtskhalaishvili%20ENG.pdf
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author Anna Phirtskhalashvili
author_facet Anna Phirtskhalashvili
author_sort Anna Phirtskhalashvili
collection DOAJ
description With the rise in migratory movements, two key issues have become increasingly relevant: on the one hand, the protection of migrants’ rights and the regulation of migration processes by states; and on the other hand, questions concerning state sovereignty, national security, and internal socio-political tensions. Considering that there are currently around 102 million migrants worldwide - including refugees, (internally) displaced persons and asylum seekers, the relevance of this issue becomes evident. With the rise in global mobility over the past decade, foreigners in host countries have often become particularly vulnerable - legally, socio-economically, politically, culturally, and in other aspects. While there are individual academic works on this topic and intense scholarly debates are ongoing across Europe, the proposed article offers a new perspective on the issue - namely, from the viewpoint of so-called third countries. These are states that, based on intergovernmental agreements with the countries where asylum is sought (so-called destination countries) allow individuals to remain temporarily on their territory while their asylum claims are being processed in the destination country. By addressing this and other related issues, the present article offers a contribution to the scholarly debate on migration as a global challenge.
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spelling doaj-art-e965b012286944928d86cbe15aa3e86c2025-08-26T09:37:04ZengConstitutional Court of GeorgiaJournal of Constitutional Law2587-53292024-09-0112024927Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical ConstitutionalismAnna Phirtskhalashvili0Professor at Georgian UniversityWith the rise in migratory movements, two key issues have become increasingly relevant: on the one hand, the protection of migrants’ rights and the regulation of migration processes by states; and on the other hand, questions concerning state sovereignty, national security, and internal socio-political tensions. Considering that there are currently around 102 million migrants worldwide - including refugees, (internally) displaced persons and asylum seekers, the relevance of this issue becomes evident. With the rise in global mobility over the past decade, foreigners in host countries have often become particularly vulnerable - legally, socio-economically, politically, culturally, and in other aspects. While there are individual academic works on this topic and intense scholarly debates are ongoing across Europe, the proposed article offers a new perspective on the issue - namely, from the viewpoint of so-called third countries. These are states that, based on intergovernmental agreements with the countries where asylum is sought (so-called destination countries) allow individuals to remain temporarily on their territory while their asylum claims are being processed in the destination country. By addressing this and other related issues, the present article offers a contribution to the scholarly debate on migration as a global challenge.https://constcourt.ge/files/9/2)%20Phirtskhalaishvili%20ENG.pdfstate sovereigntynational securitysocio-political tensionsthird countries intergovernmental agreements
spellingShingle Anna Phirtskhalashvili
Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism
Journal of Constitutional Law
state sovereignty
national security
socio-political tensions
third countries intergovernmental agreements
title Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism
title_full Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism
title_fullStr Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism
title_full_unstemmed Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism
title_short Migration as Seen from the Perspective of a “third Country”: a Challenge for Global and Classical Constitutionalism
title_sort migration as seen from the perspective of a third country a challenge for global and classical constitutionalism
topic state sovereignty
national security
socio-political tensions
third countries intergovernmental agreements
url https://constcourt.ge/files/9/2)%20Phirtskhalaishvili%20ENG.pdf
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