Introductory description

Forced migration' is one of the most important issues faced today. It also has a long historical legacy. This module critically examines law and policy as it relates to refugees and other forced migrants and introduces students to some of the major issues facing people on the move, particularly those that have been forced to do so due to political or environmental circumstances. Students will be encouraged to reflect on the role of law to protect and assist and the Euro-centric nature of the Refugee Convention. The module will offer Global South and grassroots perspectives on forced migration, which are often neglected elsewhere.

It opens with an introduction to the 'gold standard' international law framework established for refugees - under the 1951 UN Convention Relating to the Status of Refugees/1967 Protocol -, created to address the post-WW2 refugee 'crisis' in Europe; it proceeds to examine other groups with less protection under international law but, arguably, equally as vulnerable: stateless people, internally displaced and those who have to leave their homes due to climate change or environmental disasters. The somewhat neglected topic of migration and social movements is also considered, providing concrete examples of activism in this area. Through the case-study of South Asia, students learn about the treatment of the displaced in a region where many countries are not party to the Refugee Convention or adopt alternative national or regional mechanisms. Finally, the module addresses contemporary issues of migration and development and international efforts to improve the treatment and rights of 'forced migrants'.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

Who is a refugee? An introduction to international refugee law

The module opens with an with an introduction to the 'gold standard' international law framework established for refugees - the 1951 UN Convention Relating to the Status of Refugees/1967 Protocol - created to address the post-WW2 refugee 'crisis' in Europe. In addition, students are introduced to the UNHCR and its Statute and to regional treaties and declarations that define the refugee and set out the responsibilities of the state to wars the refugee. In considering 'who is a refugee' students are also asked to reflect on the history and ethics of asylum.

Non-Refoulement: A Guarantor of Protection?

The module will move on to the fundamental issue of non-refoulement - the right not to be returned to a country of origin or a country where an individual is at risk of serious harm or persecution. The question asked will be : Is non-refoulemnt a guarantor of protection and will explore the many ways states seek to bypass this core right of refugee law.

Non-Refugee Law States: South Asia as a case-study

Having set out the legal framework and definition of the refugee, the module turns to the major challenge of the current regime: many regions of the world are not party to the Refugee Convention or have weak implementation. The examination of South Asia enables students to contrast party and non-party states and to start to identify problems with the protection of the rights of displaced people in both cases.

Trafficking

The module turns to four particular categories of displaced people with varying degrees of protection under law. Does law help or hinder? What measures are currently being taken. What needs to be done? The first category is those who are trafficked. The complexities surrounding trafficking and the law will be explored: who is considered to be trafficked? is a trafficked person also a refugee? how does the law handle those who are trafficked? Should more be done? Is the system open to abuse?

Internally Displaced Persons

A second difficult category is that of IDPs, who are much less protected under international law but who comprise the majority of forced migrants in the world today. The options for those who have crossed a state border in search of protection - the refugee - and those who remain within their state's borders - the IDP - are stark. Students will learn about such options and reflect on sovereignty, the role of the state and borders.

Stateless People

The UNHCR estimates that there are millions of stateless people in the world and this has been a growing concern for the organisation. The module examines how statelessness occurs, current examples of statelessness and the laws and policies that help or hinder.

Global Compacts and Proposals for Change

This important topic will consider recent international developments, through compacts, and other national and regional instruments. Are they effective? will they make a difference? Can there ever be true responsibility-sharing in relation to displaced peoples?

Climate Change and Forced Migration

The module's final category is that of environmentally displaced people. Here we explore the issues surounding forced migration and climate-induced movement and assess how far law has helped 'climate refugees' and whether there is more to be done for this increasingly problematic issue.

Practitioner roundtable

At the end of the module, a roundtable of experts form NGOs and practice will be invited to discuss certain topics and to provide their insights to current challenges and future developments.

Learning outcomes

By the end of the module, students should be able to:

• Demonstrate substantial knowledge and understanding of law and policies on forced migration
• Demonstrate an interdisciplinary and contextual understanding of laws and policies as they relate to specific categories of forced migrants
• Conduct independent research and develop a sophisticated argument and critical analysis of law and policies
• Explain and critique current challenges and responses to forced migration
• Present arguments orally in class
• Work collaboratively in class to complete a defined task
• Develop and sustain a written argument in refugee and migration law and policy
• Use libraries and electronic sources to find relevant primary and secondary sources; including non-legal materials
• Understand the broad context of forced migration and the impact on the individual
• Learn to research for -and draft - a briefing document/report

Indicative reading list

Aleinikoff, T.A. & L. Zamore (2019) The Arc of Protection: Reforming the International Refugee Regime (Stamford University Press)
Behrman, S. & A. Kent (2018) 'Climate Refugees': Beyond the Legal Impasse? (Routledge)
Costello, C, M. Foster & J. McAdam, (2021), The Oford Handbook of International Law (OUP)
Haddad, E. (2008) The Refugee in International Society:
Between Sovereigns (Cambridge University Press)
Kneebone, S., D. Stevens & L. Baldassar (2014) Refugee Protection and the Role of Law (Routledge)
Malkki, L. (1996), 'Speechless Emissaries: Refugees,
Humanitarianism and Dehistoricization', Cultural Anthropology
11(3).
Hynes, P. (2021) Introducing forced migration (Routledge,)
Mountz, A. and Hiemstra, N. (2013), 'Chaos and Crisis:
Dissecting the Spatiotemporal Logics of Contemporary
Migrations and State Practices', Annals of the Association of
American Geographers 104(2): 382-390
Nyers, P. & K. Rygiel (2012) Citizenship, Migrant Activism and the Politics of Movement (Routledge)
de Genova, N. (2011) 'The Production of Culprits: From
deportability to detainability in the aftermath of 'homeland
security', in P. Nyers, Securitizations of Citizenship
(Routledge)
Rajaram, P. (2002), Humanitarianism and Representations of
the Refugee, Journal of Refugee Studies
Samaddar, R. (2003) Refugees and the State: Practices of Asylum and Care in India, 1947-2000 (SAGE)
Turton, D. (2003), Conceptualising Forced Migration, RSC
Working Paper No. 12
Yeo, C. (2022) Refugee Law (Bristol University Press)

View reading list on Talis Aspire

Research element

Interdisciplinary

This module will draw upon texts and approaches in political science, development studies, social anthropology as well as law.

International

The topic of this module is implicitly international in scope. There will also be a particular focus on asylum and forced migration in South Asia, Europe, North America, Middle East.

Subject specific skills

In-depth knowledge of cutting edge debates on aspects of asylum and forced migration.

Transferable skills

Critical and independent thinking

Guided and independent research

Ability to digest and debate a range of disciplinary material

Writing skills

Oral skills

Team work