Family Law Law Monthly List of Titles published under HK and UK Jurisdictions

International Migration of Children for a Better Life: Human Rights, State Power, and Nations' Duties

By James G. Dwyer
Oxford University Press September 2025

Specifications

ISBN-13
9780197752302
Publisher
Oxford University Press
Publication
September 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

In a world where a child's fate is often determined by the arbitrary circumstances of their birth, International Migration of Children for a Better Life challenges the legal status quo. The book advances a dramatically different vision of children's relationship to nations and to the international legal order, one that provides theoretical grounding for a right of children to escape life-threatening circumstances, rather than waiting for change in their home environment.

By offering a normative critique of existing international law, the book suggests novel arguments for enabling children to migrate more freely and escape adverse environments. It challenges conventional policy responses that assume people in tragic circumstances-war, famine, natural disaster-must remain where they are. Instead, the book advocates for relocation as a solution especially appropriate for children.

The book arrives at several recommendations, backed by a theory of children's rights: eliminate citizenship for children altogether, disallow states from inhibiting children's departure, prioritize children over adults in immigration policy, and evacuate children en masse from nations that cannot protect them. Presenting a child-centered perspective on perennial issues in immigration law and political theory, International Migration of Children for a Better Life is a must read for legal academics, political philosophers, practitioners, and policy experts alike.

Table of Contents

Introduction

Part I: Children's Human Rights
1. Eschewing Special Rights
2. The Right to Leave
3. Justifications for Infringing the Right to Leave

Part II: State Power Over Children
4. Citizenship as Liability
5. Claiming Persons as Citizens
6. Limits on State Power Over Citizens, Residents, and Transients

Part III: Positive Duties to Aid Children
7. Obligations of International Bodies
8. Obligation of Individual States
9. Freedom to Aid Regardless of Duty

Conclusion
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