Sabine Corneloup (Paris-Panthéon-Assas University): Migrants in Transit or Under Temporary Protection: How Can Private International Law Deal With Provisional (But Not Necessarily Short-Term) Presence?
Current Research in Private International Law
- Date: Oct 4, 2022
- Time: 11:00 AM (Local Time Germany)
- Location: online
About the speaker:
Sabine Corneloup is a professor of Private Law at Paris-Panthéon-Assas University. She teaches Private International Law, as well as Nationality and Migration Law. She is the Secretary General of the Revue critique de droit international privé and of the Comité français de droit international privé. She is also a member of the Deutscher Rat für Internationales Privatrecht.
About the topic:
An increasing number of migrants are provisionally present in the territory of a State other than their State of origin, be it because they are granted temporary protection until they can return to their country of origin (4 million refugees from Ukraine registered for Temporary Protection in Europe), or because migration policies - notably externalization measures - prevent them from accessing the territory of their State of destination. As a result, many migrants are blocked for months if not years in transit countries at the external borders of Europe, before being able to resume their migratory route. Their provisional presence, which initially was meant to remain transitional and short-term, often becomes indefinite. In the meantime, life goes on: children are born, couples marry and divorce, parental child abductions take place etc.
How can Private International Law deal with these situations? The presentation aims to explore PIL connecting factors, such as nationality, habitual residence and mere presence, and assess their appropriateness for migrants on the move or under temporary protection. The 1951 Geneva Refugee Convention, which requires that the personal status of refugees be governed by the law of domicile or residence, does not provide an answer to all difficulties.
About the virtual workshop series:
The virtual workshop series “Current Research in Private International Law" is organised by Ralf Michaels and Michael Cremer. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (including doctoral candidates and students).
Sabine Corneloup is a professor of Private Law at Paris-Panthéon-Assas University. She teaches Private International Law, as well as Nationality and Migration Law. She is the Secretary General of the Revue critique de droit international privé and of the Comité français de droit international privé. She is also a member of the Deutscher Rat für Internationales Privatrecht.
About the topic:
An increasing number of migrants are provisionally present in the territory of a State other than their State of origin, be it because they are granted temporary protection until they can return to their country of origin (4 million refugees from Ukraine registered for Temporary Protection in Europe), or because migration policies - notably externalization measures - prevent them from accessing the territory of their State of destination. As a result, many migrants are blocked for months if not years in transit countries at the external borders of Europe, before being able to resume their migratory route. Their provisional presence, which initially was meant to remain transitional and short-term, often becomes indefinite. In the meantime, life goes on: children are born, couples marry and divorce, parental child abductions take place etc.
How can Private International Law deal with these situations? The presentation aims to explore PIL connecting factors, such as nationality, habitual residence and mere presence, and assess their appropriateness for migrants on the move or under temporary protection. The 1951 Geneva Refugee Convention, which requires that the personal status of refugees be governed by the law of domicile or residence, does not provide an answer to all difficulties.
About the virtual workshop series:
The virtual workshop series “Current Research in Private International Law" is organised by Ralf Michaels and Michael Cremer. The series features guest speakers and Institute staff members who present and discuss their work on current developments and research topics in private international law. The workshops are geared to scholars who are researching in the field of private international law, but attendance is open to all individuals having an academic interest (including doctoral candidates and students).