JJUA55112U International Migration Law
International migration remains both one of the most important challenges for the international community and one of the most hotly debated issues in both domestic and international politics. As a result of the COVID-19 pandemic, international mobility all but ground to a halt by the second quarter of 2020. Airline traffic dropped more than seventy percent, and thousands of grounded airplanes filled up the runways. All over the world, travel restrictions and quarantine measures were introduced, and cross-border mobility largely shut down for all but the most essential forms of travel. In 2018/2019 (following several years of negotiation) two new UN compacts were adopted – the Global Compact for Safe, Orderly and Regular Migration and the Global Compact for Refugees. Meanwhile, global numbers of refugees and internally displaced remains historically high, and current international cooperation on migration in both Europe and beyond are under significant strain.
This course aims to provide students with a greater understanding and an overview of this complex area of law and policy. The course defines international migration law in broad terms, as composed by a range of different international legal regimes, e.g. human rights law, labour law, security law, EU law and law of the sea. It further examines the interplay between different types of law at the international, regional and national level. Special sessions are allocated to achieve a more in-depth understanding and actively debate key questions and dilemmas related to international migration law, e.g. climate migration, refugee protection, boat migrants, free movement and human smuggling. The course strives to offer an integrated and coherent guidance for the analysis of the multiple but interrelated normative areas of international migration law. It further encourages students to reflect on the different functions and significance of human mobility in the era of globalization.
For the 2021 course, special attention will be paid to the ongoing impact of of COVID-19 on global mobility and migration. Many of the measures implemented since March 2020 fundamentally challenge long-established principles of international migration law. Although many of the current changes may well be temporary, the pandemic also holds the potential to more profoundly challenge and upend current mobility structures and migration law. Similarly, the risk of future pandemics like COVID-19 may well prompt states to make significant regulatory adjustments.
This course is part of iCourts Excellence Programme (iEP) – International Law and Courts in a Global World, please see 'Remarks' below.
- Students can explore questions of international migration law and human mobility from the perspectives of different regimes of international and regional law;
- Students acquire a good knowledge of rules, principles, and methods pertaining to international migration law;
- Students familiarize themselves with both international law and policy, and are expected to be able to distinguish between the two modes of analysis;
- Students will acquire a good knowledge on how different societies respond to the challenges of migration and human mobility.
- Students will be able to provide solutions to cases presented;
- They will be able to analyze the policy consequences of selecting among different interpretive alternatives;
- Students will be able to critically discuss future developments in the area of international migration law, distill facts from fiction, and make their own judgment on upcoming issues.
- Students will be able to provide a reasoned balancing between the competing interests of protection migrants and free movement, on the one hand, and government prerogatives related to e.g. security, welfare societies and public health, on the other.
- Students will be able to handle new disputes and situations involving international migration law and policy;
- As practitioners, e.g. practicing lawyers, NGO professionals, or government legal advisors, they will be able to process new cases, identify the applicable norms and propose appropriate courses of action;
- Students will be familiar with different methodological approaches towards resolving new problems, and will be able to select the appropriate legal and policy framework for their analysis.
Course materials will comprise approximately 750 pages. To ensure a diversity of perspectives and the most up-to-date teaching material, we strive to draw assigned readings from multiple authors as opposed to a single text book. All core readings will be readily available either via upload or online links at the course website. Students are not expected to buy any books as part of the course.
Students wishing to acquaint themselves with the field in advance and/or supplement the scheduled readings are encouraged to consult the following text books:
- Vincent Chetail, International Migration Law (Oxford University Press, 2019)
- Satvinder Juss, ed., The Ashgate Research Companion to Migration Law, Theory and Policy (Routledge, 2013)
- Brian Opeskin, Richard Perruchoud and Jillyanne Redpath-Cross, eds., Foundations of International Migration Law (Cambridge University Press 2012)
Due to the interactive dimension of the course, active participation is an important element. All students are expected to read at least the assigned core texts /videos and will be asked to prepare one short 10 minute presentation focusing on their domestic asylum and immigration legal framework at some time during the course.
- 15 ECTS
- Type of assessment
- Written assignmentIndividual written assignment
- Marking scale
- 7-point grading scale
- Censorship form
- No external censorship
- Exam period
Submission date: May 27, 2021
Submission date: August 12, 2021