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

by James G. Dwyer

Overview

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 argues that the conventional policy response to tragic circumstances—war, famine, natural disaster, which prioritizes transformation of local conditions so people can remain in place or quickly return, is less appropriate for children than for adults. Children's needs are more urgent. 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.

Product Details

ISBN-13:	9780197752319
Publisher:	Oxford University Press
Publication date:	05/02/2025
Sold by:	Barnes & Noble
Format:	eBook
Pages:	312
File size:	1 MB

About the Author

James Dwyer received his Ph.D. in philosophy from Stanford University and his law degree from Yale Law School. He has taught at William&Mary Law School for twenty-five years, having previously taught at Harvard Law School, Chicago-Kent College of Law, and University of Wyoming College of Law. His courses have included international law, youth law, family law, law and social justice, and trusts and estates. Dwyer has published numerous books and articles theorizing about children's rights. He has also advocated for children as a lawyer in family courts, author of amicus briefs, and "next friend" in federal court litigation.

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