International Migration Law

This subject has the following teaching availabilities in 2013:

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.

The Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:

• The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
• The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
• The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
• The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
• The ability to work independently and as a part of a group;
• The ability to present orally and in writing legal analysis to a professional standard.

Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact the Disability Liaison Unit: www.services.unimelb.edu.au/disability/

International migration is a topic of ever-increasing interest as a result of globalisation of labour markets, and demographic pressures in sending and receiving for States. This subject equips students to understand 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 has an international focus but will draw on case studies of special relevance to Australia, which has been a major migrant-receiving country for over 60 years.

Principal topics will 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
• International, regional and bilateral migration processes
• Emerging migration issues.

A student who has successfully completed this subject should:

• Have knowledge of the principles of customary international law relevant to international migration
• Have knowledge of different international treaties and instruments relevant to international migration
• Be able to apply the customary and treaty principles to solve practical legal problems
• Be able to evaluate and critique immigration laws and practices relative to international legal principles
• Understand the main international institutions and processes relevant to contemporary international migration flows.

Take-home examination (100%) (22–25 March)

Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Visit the Melbourne Law Masters website for more information about this subject.

This subject is not available as a breadth subject.