International Migration and State Sovereignty: Reconciling Human Rights Obligations with Border Control

Kudakwashe Zhou; Thomas Sheku Marah

doi:10.35719/rch.v6i3.379

Authors

Kudakwashe Zhou Nusa Putra University, Indonesia
Thomas Sheku Marah Nusa Putra University, Indonesia.

DOI:

https://doi.org/10.35719/rch.v6i3.379

Keywords:

International Migration, State Sovereignty, Human Rights

Abstract

The movement of people across borders has become one of the most contested issues in contemporary international law, as the sovereign prerogative of states to regulate entry, exit, and residence increasingly collides with obligations arising from international human rights and refugee law. Global migration flows driven by armed conflict, poverty, environmental degradation, and political instability have intensified this tension, placing states under pressure to manage borders while upholding the dignity and fundamental rights of migrants. This study examines the legal and political challenges that emerge when states attempt to balance border control with international human rights commitments, with particular focus on asylum seekers, refugees, and irregular migrants. It analyzes the evolving interpretation of two core international instruments the 1951 Refugee Convention and the International Covenant on Civil and Political Rights alongside relevant regional frameworks, drawing on the jurisprudence of international courts and treaty bodies. The research further explores the interaction between domestic legal systems and international treaty obligations in shaping migration governance. Key areas of legal controversy, including the principle of non-refoulement, offshore processing, and the externalization of border controls, are critically assessed. Ultimately, this study seeks to contribute to the development of legal frameworks capable of reconciling state sovereignty with the protection of migrant rights in an increasingly fragmented yet interconnected global order.

Author Biographies

Kudakwashe Zhou, Nusa Putra University, Indonesia

Kudakwashe Zhou is an LLB International Law student at Nusa Putra University, Sukabumi (expected to graduate in 2026), originally from Zimbabwe, with academic interests in global legal frameworks, international governance, human rights, international criminal law, international trade and business law, cyber law, and the law of international organizations. He has professional experience as a Researcher and Investigator in the intelligence division of Polres Sukabumi Kota in 2025, is actively involved in legal advocacy through legal aid and moot court activities, has teaching experience as an English instructor, is trilingual in English, Shona, and Bahasa Indonesia, and is currently seeking internship and professional opportunities in the legal field.

Thomas Sheku Marah, Nusa Putra University, Indonesia.

Thomas Sheku Marah is an undergraduate International Law student at Nusa Putra University, Sukabumi, Indonesia, and a graduate of Methodist Boys High School, Freetown (2022), with strong involvement in academic, volunteer, and leadership activities at national and international levels. He has participated in international cultural and academic exchange programs, including representing Sierra Leone in global forums, and is actively engaged in youth empowerment and education initiatives. His research interests focus on international human rights law, humanitarian law, and global justice, particularly the role of legal frameworks in expanding access to education, protecting vulnerable communities, and promoting sustainable development in Africa, reflecting his commitment to justice, equality, and human rights.

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