The purpose of this course is to:
(1) introduce students to the general normative, institutional and procedural framework concerning migration, refugee and asylum law;
(2) get students acquainted with the main notions of the topic under consideration;
(3) help students to critically understand the legal and political stakes in migration and refugee issues;
(4) highlight to the students the crucial human rights challenges permeating the migration phenomenon;
(5) provide students with those tools that will allow them to further specialize in this field.
Course Content (Syllabus)
The course will focus on the international legal principles relating to the movement of persons across international borders, or, exceptionally, within a State. It will examine the legal sources of migration and refugee law, as well as the complex institutional framework in this field. It will also clarify definitional issues concerning the notions of irregular/economic migrant, refugee and asylum seeker and highlight the differences in the respective legal regimes. It will also examine the migration phenomenon in relation to public international law concepts of state sovereignty, nationality and statelessness, or extraterritorial jurisdiction and state responsibility. Furthermore, issues, such as refugee status determination, immigration control and enforcement, detention of migrants and asylum seekers will be presented from a global and regional perspective. Additionally, specific topics related to internal displacement, environmental migration, human smuggling and trafficking, forced labour, as well as international labour migrant standards will be briefly expounded. Finally, responses to the current refugee crisis will be discussed.
Additional bibliography for study
Vincent Chetail, International Migration Law, Oxford: OUP, 2019
Alexander Aleinikoff and Vincent Chetail (eds.), Migration and International Legal Norms, The Hague: T.M.C. Asser, 2003
Vincent Chetail and Celine Bauloz (eds.), Research Handbook on International Law and Migration, Cheltenham: Edward Elgar, 2014
Guy Goodwin-Gill and Jane McAdam, The Refugee in International Law, Oxford: OUP, 2007 (3rd ed.) [4th ed. forthcoming in 2021]
Brian Opeskin, Richard Perruchoud, and Jillyanne Redpath-Cross (eds.), Foundations of International Migration Law, Cambridge: CUP, 2012
Richard Plender (ed.), Issues in International Migration Law, Leiden: Brill, 2015