Foreword
Author | Pranoto Iskandar - Beth Lyon |
Position | Founding Director of the Institute for Migrant Rights, Cianjur,Indonesia - Professor of Law, Villanova University School of Law and Chairwoman of Advisory Board, The Institute for Migrant Rights, Cianjur,Indonesia |
Pages | IX-XIV |
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).
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