In this thought-provoking article, Prof. Chetail contends that the narrative of immigration control as an attribute of sovereignty is a myth. He calls for acknowledging the duality of sovereignty as a Janus with two faces. In Roman mythology, Janus was the god of doors and gates, who was depicted with a key in one hand and a staff in the other, representing his ability to open and close doors, literally and metaphorically. This allegory of Janus captures the dual nature of sovereignty as a power or a competence. It also illuminates the ontological ambivalence of the border, which can be either a site of exclusion or a locus of passage.
For the author, there is no room for change as long as we continue to think of migration control as inherent to sovereignty and we confuse this equation with international law. This dogmatic vision has long been a mental prison for both positivist and critical lawyers, whether to acknowledge or to denounce it. When assessed for itself without any preconceived projections, international law helps us to depart from the narrative of border control to highlight the relativity of sovereignty and the normality of migration as a longstanding phenomenon of humanity.
READ THE FULL ARTICLE HERE.