Migration and the Law

6 credits

Teacher responsible: Prof. Katarzyna Gromek‐Broc
Assistant Lecturer: Zuzanna Brocka‐Balbi

The course will examine the phenomenon of human movement, including both forced and voluntary migration, and the legal frameworks that govern the rights of various categories of migrants. The  focus will be on regulation and policies which states put in place to advance and to hinder the enjoyment by migrants of their rights. The course will explore the general category of “migrant” and its various sub‐categories including the internally displaced, labour migrants, refugees and victims of human trafficking. The legal tools available to assist and to protect the vulnerable groups will be considered. The obligations of states to migrants will be the primary focus of the course, but the policies and practices of international organizations and supranational bodies with respect to migration will also be discussed. At the start we will look at the concept of citizenship and the situation of a ‘stateless person’ and its impact upon rights. We will examine the phenomenon of migration including both its causes and effects. We will discuss forced migration covering themes such as human trafficking, refugee protection and voluntary migration as discussing rights of migrant workers and long‐term residents.

The programme covers International, European and Domestic dimension of migration, all influenced by the human rights’ perspective. From the international angle, the course will analyse the safety and security of refugees, refugee rights through the enhanced supervision, non‐refoulement obligations in the public international law and the specific International laws appropriate for different categories of migrants (ex, ILO instruments for labour migrants). Some other issues such as responsibility and protection of Asylum Seekers, illegal migration: discrimination and protection will be discussed in light of International and European Regulation. Further, we will consider the EU migration, the position of third country nationals, family re‐unification and discrimination. In the second part of the course we will deal with human trafficking, child migration the situation of  unaccompanied children and their protection, rights of the child, coercive instruments towards migrants, detention and the human rights implications. Finally, we will consider specific migratory groups such as skilled labour and family migration in light of domestic
law.

General reading:

Satvinder S. Juss, (ed) The Ashgate Research Companion to Migration Law, Theory and Policy, (King’s College London, 2013)

Stephen Castles and Mark Miller, The Age of Migration (4th ed.) (Guilford Press, London, 2009)

Brian Opeskin, Richard Perruchoud, and Jillyanne Redpath‐Cross, eds. Foundations of International Migration Law (Cambridge University Press, 2012)

Douglas S. Massey, Joaquin Arango, Graeme Hugo, Ali Kouaouci, Adela Pellegrino, and J. Edward Taylor Worlds in Motion: Understanding International Migration at the End of the Millennium (Oxford University Press, 2005)

Andreas Zimmermann, ed. The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary (Oxford University Press, 2011)

Catherine Dauvergne, Making People Illegal: What Globalization Means for Migration and
Law, (Cambridge, 2009)

Enrolled students may view the full course syllabus via Kiro.

N.B. Prospective students can view the full syllabus for this course by signing up to receive the WPIR syllabus package.