Foreword

• Jurisdiction: Derecho Internacional
• Date: 01 January 2014

e Indonesian Journal of International & Comparative Law

ISSN: 2338-7602; E-ISSN: 2338-770X

http://www.ijil.org

© 2014 e Institute for Migrant Rights

rst published online 14 December 2013

ix

* Founding Director of the Institute for Migrant Rights, Cianjur—Indonesia.

E-mail: pranotoi@imr.or.id

† Professor of Law, Villanova University School of Law and Chairwoman of Advisory

Board, e Institute for Migrant Rights, Cianjur—Indonesia.

E-mail: lyon@law.villanova.edu

FOREWORD

P I*  B L†

e spread of liberal constitutionalism in the post Cold War era has en-

couraged national courts to engage with international and foreign law,

in parallel with the entrenchment of supranational courts. ese trends

encourage nation-states to reexamine exclusionary policies in light of

emerging international standards and comparative best practices. An ex-

emplary contribution is the International Court of Human Rights 2013

advisory opinion, OC-18, a ruling that is boldly in line with the interests

of humanity. In this decision, the Court ruled that the State cannot justi-

fy negative discriminatory treatment of undocumented migrant workers

solely based on “criteria [that is arbitrarily determined by national law-

makers] and is not proportional under international law.”1 What makes

this decision notable is that the Court reached its decision by ruling that

all countries are bound by a mandatory “jus cogens” norm of equality

before the law:

1. Beth Lyon, Sarah Cleveland, & Rebecca Smith. Inter-American Court of Human

Rights Amicus Curiae Brief: e United States Violates International Law When La-

bor Law Remedies Are Restricted Based on Workers’ Migrant Status, 1 S J. S.

J. 795 (2003).