Migration is a complex phenomenon: on the one hand, it encompasses economic, political, historical, sociological and legal issues, and, on the other, it entails several dichotomies and a multitude of causes. Such complexity has created a myriad of obstacles to construct a normative system that addresses all aspects of this phenomenon through the adoption of hard international norms. In the current global political scenario, it seems counterproductive to exclusively invest in a pathway that has not been able to achieve much so far and that focuses on the phenomenon of migration rather than on its subjects: the migrants. In light of this, this article proposes four strategies to enhance the architecture of International Law in dealing with migration, so as to allow for its improvement. These are: 1) assuming the protagonism of migrants in migration and, thus, shifting the focus from the regulation of the phenomenon to the protection of its subjects and enhancing a human rights' approach to migration, 2) enhancing the dialogue between existing international regimes and International Law in the governance of migration with a human rights lens, 3) using less formalistic approaches such as soft law and the participation of stakeholders in the governance of migration with a responsibility-sharing approach, and 4) using regional approaches to facilitate the development of stronger cooperation and regional norms. These strategies should be informed by the principle of complementarity both among themselves and in seeking international hard norms. They ultimately need to be part of a larger international structure for the protection of human dignity and human rights. Presenting this approach and these strategies and assessing whether they would constitute a superior manner in which International Law should engage with issues that arise from migration and enhance the protection of migrants are the aims of this article.
Resumo: Neste artigo se examina a formação de regimes que tratam da subtração internacional de crianças, a partir da teoria das relações internacionais, demonstrando ser adequada a cooperação mesmo em hipóteses alheias a questões econômicas ou de segurança. Adota-se o método qualitativo, partindo do exame da formação dos regimes tratados, em seguida faz-se a análise dos modelos teóricos das relações internacionais e, finalmente, realiza-se o estudo da constituição e manutenção dos regimes, sob a perspectiva de cada um dos modelos teóricos, revelando-se ao final que a teoria das relações internacionais fornece instrumentos de fomento à cooperação mesmo em temas marginais ao lucro ou ao poder.Palavras-chave: Regimes Internacionais. Cooperação. Sequestro. Crianças. Menores.
Abstract:This paper aims to examine the formation of international regimes on the civil aspects of children abduction, from the theory of international relations, which is shown adequate to justify cooperation even in cases outside the economic or security issues. From the qualitative method, the article firstly addresses the formation of the examined regimes; next it focuses in the exam of the theoretical models of international relation; and finally it focuses in the analysis of the constitution and maintenance of the regimes, revealing in the end that the theory of international relations provides promotion instruments for cooperation even on marginal issues to profit or power.
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