International law in the Context of Contemporary Migrations: Case Study Serbia and North Macedonia

Jelisavac Trošić, Sanja and Arnaudov, Mitko (2023) International law in the Context of Contemporary Migrations: Case Study Serbia and North Macedonia. In: Ohrid school of law 2023. Redefnition of the role and signifcance of the Law / 9-th International Scientifc Conference, 11-14 Мay 2023 Ohrid. Institute for legal-economic research an education Iuridica Prima, Skopje, pp. 161-172. ISBN 978-608-4996-10-1

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Abstract

During the second decade of twenty first century the migrant flows from northern Africa and Middle East to Europe has reached the top of the agenda of European states, especially within the European Union. But, at the same time, migrant routes brought into focus the migration question not only within the European Union member-states, but also in the states which are on the so-called migrant routes, in that context, including Serbia and North Macedonia. Such trends have opened various question in the field of security which are not only related to national borders protection, as well as borders of European Union, but also the questions focused on the treatment of the migrants, human trafficking issue, distinction between so- called economic migrants from one side and refuges from war areas from the other side. In that context, the leading research question of this paper is how international law contributes in the process of regulation migrant flows, as well as whether this question is directly related to national laws or migrants and refuges could rely on international law principles and thus protect their rights. Case study of Serbia and North Macedonia and the treatment of migrants, refuges and migrant flows on the territories of these states will be an empiric approach for answering the research question. From the theoretical point of view, this paper will contribute in the process of redefinition of the contemporary law from the perspective of jurisdiction between national and international law.

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