El estado mexicano y el pacto mundial para la migración segura, ordenada y regular, resolución 79/195 : propuesta de estándares para su análisis jurídico

Resumen

The Global Compact for Safe, Orderly and Regular Migration (hereinafter referred to as the Pact) is a non-binding legal framework of international and intergovernmental cooperation on migration. This research analyzes the scope of the Pact in the international and Mexican law context where the open/closed dichotomy is represented by the border. International human rights policy was identified as being problematized by “parallel duties in the field of material assistance”, which have a significant influence on the individual decisions and capabilities. In this sense, the distinction in the legal regimes of migrants and refugees is relevant for the viability of the Pact. Lastly, this article proposes a number of legal standards derived from the Covenant, such as border management, detention as a last resort, treatment of diasporas and regular migration definition.