Migration, Diasporas and the Law (LAWS90185)
Graduate courseworkPoints: 12.5Not available in 2024
About this subject
Overview
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The study of migration is heavily focused on the movement of migration itself. But groups do not simply immigrate, they also emigrate, leaving behind their place of birth, and constituting diasporas, understood as groups whose origin lies in a separate geographic locale. What happens one, two, or more generations later with national or ethnic groups that continue to have legal links with their country of origin? What are the implications of being from both “here” and “there” legally? How should and have states of origins reacted to solicitations from their diasporas and, in turn, how have they triggered the constitution of diasporas which may have had little initial connection to their state of origin? What of the "host state" and the way it deals with the fact that some of its citizens continue to maintain significant links to another sovereign? What specific human rights are relevant to the diasporic experience? And how might we evaluate the role of diasporas themselves as socio-legal actors and perhaps even legal subjects?
This subject will seek to explore the many dimensions of diasporas' evolving legal existence, from encouraging further migration to exercising voting rights; from paying taxes in several countries to serving in different militaries; from funding opposition movements to supporting governments, etc. It will explore some of the dilemmas of multiple citizenship as well as the ways in which diasporas draw on the laws of different countries for maximum effect. It will suggest that the diasporic experience may be emblematic of what the law is becoming globally, a law that is less tied to sovereigns and increasingly transnational; a law that mixes elements of the public and the private. The bigger question raised in the subject is what the impact of human mobility is on the legal project, particularly in its state variant, and how diasporas might help us think through the question of legal pluralism.
Principal topics will include:
- How migration and migration law shape the constitution of diasporas
- How the emergence of diasporas has been encouraged by their countries of origin
- Challenges created by multiple and fragmented citizenship
- The question of “return migration” and continued mobility as a motif in diasporic existence
- The multiplicity of legal orders involved in the regulation of diasporas
- Security concerns of and about diasporas and the question of sovereign protection by the state of origin
- Problems of governance of diasporas by their country of origin, including as they relate to voting, taxation and military service
- Private law concerns of diasporas notably relating to marriage and inheritance
- The position of the host state in relation to organized diasporas and the concern with interference in sovereign affairs
Intended learning outcomes
A student who has successfully completed this subject will:
- Have developed a concept of how diasporas operate as legal actors globally
- Be aware of the growing literature on diasporas in the social sciences and humanities and understand how it can inform the study of the law
- Be able to relate this knowledge to the study of particular diasporas
Last updated: 8 November 2024
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
Some knowledge of international law, human rights and migration law is recommended but not required.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 8 November 2024
Assessment
Additional details
- 10% class participation
- 90% paper (8,000 words) (19 August) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 8 November 2024
Quotas apply to this subject
Dates & times
Not available in 2024
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 8 November 2024
Further information
- Texts
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Please note Single Subject Studies via Community Access Program is not available to student visa holders or applicants
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
Last updated: 8 November 2024