Legislating for Migration: The Anomalous Case of the Palestinian Authority (2006)

Migration law covers the regulation of entry, residence and settlement, border-crossing and end of stay together with sanctions for the transgression of such rules, and at the same time the protection of migrants through the legal regulation of their rights, often proclaimed on the international level and sometimes incorporated in the domestic law.1 The legislative position of the Palestinian Authority (PA) is anomalous on both counts. First, the regulation of migration implies the sovereign control of borders, which the PA does not currently exercise. Second, conformity with international standards on the status of migrants and refugees, and the issues of citizenship, presumes accountability and statehood, which Palestine does not enjoy. In other words, the PA is not competent to sign treaties since is not a sovereign authority with legal character under international law, due to the absence of a state.2 Moreover, the PA does not pass legislation, nor can it enforce decisions in these domains.

Khalil, Asem. Legislating for Migration: The Anomalous Case of the Palestinian Authority, Analytical and Synthetic Notes 2006/11 – Legal Module, Robert Schuman Centre for Advanced Studies, San Domenico di Fiesole (FI) European University Institute, 2006.

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