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International migration is a topic of ever-increasing interest as a result of globalisation of labour markets and demographic pressures in sending and receiving states. This subject analyses the framework of international law that regulates the flow of people across international borders as regular or irregular migrants. It also equips students to understand the human rights of migrants who live or work in countries outside the state of their nationality. The subject aims to give students a broad understanding of connections between relevant legal frameworks rather than detailed knowledge of specialised regimes, and it is not a course in domestic migration law. The subject draws on a mix of international and Australian case studies, which befits Australia’s position as a major migrant-receiving country for over 60 years.
Principal topics include:
- Contemporary patterns of international migration
- Nationality and statelessness
- Regulating entry of persons
- Regulating exit of persons
- Refugees and asylum-seekers
- International labour migration
- International human rights of migrants
- Human trafficking and smuggling
- Emerging migration issues (eg environmental migration).
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the international legal principles regulating international migration, both in treaties and customary law
- Be able to critically examine, analyse, interpret and assess the effectiveness of these legal rules
- Be an engaged participant in debate regarding emerging and contemporary issues in the field
- Have an detailed understanding of the international legal principles regulating nationality and statelessness, the movement of people into and out of states, and the treatment of non-nationals within a state
- Have the cognitive and technical skills to generate critical and creative ideas relating to international migration law, and to critically evaluate existing principles and concepts with creativity and autonomy, including evaluating national migration laws and practices relative to international legal principles
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal issues relating to international migration law
- Have the communication skills to clearly articulate and convey complex information regarding international migration law to relevant specialist and non-specialist audiences
- Be able demonstrate autonomy, expert judgment and responsibility as a learner in the field of international migration law.
Last updated: 3 November 2022