Law's Absence and Law's Failings
Discover how climate change is affecting migration and the laws surrounding humanitarian aid with this online law course from Kent Law School.
Duration
4 weeks
Weekly study
3 hours
100% online
How it works
Unlimited subscription
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Investigate human rights law and the protections it provides migrants
Securitisation and militarisation of border controls have dire consequences for those desperate to flee persecution, environmental disasters, and civil war.
On this course, you’ll look at the ways the law fails to provide protection for vulnerable migrants. You’ll also examine where the law is completely absent in the areas of internally displaced persons and environmentally displaced persons.
Examine how international law affects internally displaced persons
Many states have gone to great lengths to prevent people fleeing from entering their territories. This means that migrants can easily get stuck; they can neither leave their own country nor go back to their homes. They become internally displaced.
You’ll examine the so-called right to remain, its consequences, and whether the UN Guiding Principles on Internal Displacement are effective in addressing the problems faced by Internally Displaced Persons.
Learn about the role law plays in protecting climate migrants
Climate change and environmental disasters are causing displacement of people all over the world. Where climate migrants do manage to cross borders, they will not be granted refugee status because they don’t fit the Refugee Convention’s definition of a refugee. You’ll consider whether there is a need for a treaty for climate migrants, or whether law is not the answer.
Assess the universality of human rights for undocumented migrants
With so few legal routes to migration available for those fleeing violence, civil war and persecution etc, migrants are forced to cross borders by covert means and they will not be legally present in their host country. You will examine the vulnerability of undocumented migrants and assess the extent to which human rights law is an effective tool to protect them.
Week 1
Internally Displaced Persons (IDPs)
Introduction
You will be introduced to IDPs as a matter of international concern. You will also find details relating to general feedback on your essay plans, and details concerning a live webinar relating to your essay writing.
The “discovery” of IDPs by the international community
You will examine why IDPs became a matter of international concern in the 1990s, given their existence long before, and ask what consequences this has had for the UNHCR. You will also find out where most IDPs are situated.
IDP protection needs
You will examine the question of whether IDPs should be deemed to be a separate category of concern and consider their protection needs.
The international response to IDP protection needs
You will examine the UN Guiding Principles on Internal Displacement and consider their utility.
Wrap up
In the final activity for the week, you will find a repeat poll, a list of additional resources and a summary of the week.
Week 2
Environmental displacement
Introduction
Here we will focus on the alleged impacts of climate change on cross border migration patterns. You will consider whether the claims stand up to scrutiny.
Calls for protection for “climate refugees”
In this activity, you will examine calls for treaties to protect so-called climate refugees and consider alternative responses.
Securitising the narratives
In this activity, we will consider how apocalyptic claims about “climate refugees” led to a securitised response – we will focus on the USA.
Wrap up
In the final activity for this week you will find a repeat poll, a list of additional resources and a summary of the week.
Week 3
Enforcement: Immigration detention
Introduction
You will be introduced to immigration detention, an instrument that states use either as a prelude to removal, or as a means to contain asylum seekers pending the determination of their claims.
Immigration detention as “crimmigration" and data from the UK and the USA
In this activity, you will examine the experience and cost of immigration detention and consider the “work” done by its use.
International legal framework relating to detention of asylum seekers
In this activity, you will consider the protection provided by the Refugee Convention as well as human rights law, and consider their adequacy. This activity also includes the Peer Graded Assignment for this course.
Scholarly debates on the use of immigration detention
You will engage with some of the scholarly literature on the use of immigration detention to ascertain its utility and effectiveness.
Wrap up
In the final activity for this week, you will find a repeat poll, a list of additional resources and a summary of the week.
Week 4
Human rights of undocumented migrants
Introduction
We have seen that undocumented migrants suffer many privations. Here we shall begin to ask questions concerning the alleged universality of human rights.
Shortcomings of the ICCPR and the Migrant Workers’ Convention
In this activity, we analyse one general human rights treaty and one that specifically addresses migrant workers and their families. We will see that claims of universality paper over significant cracks.
Scholarly Analysis of Universality Claims and the Person of the Undocumented Migrant
In this activity, you will be given a taste of critical scholarship and consider Arendt’s claims about rightlessness.
Wrap up
In the final activity for this week, you will find a list of additional resources, a test and a summary of the week.
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