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Sep 27, 2024
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MRS 502 - Comparative Migration Law
Control over migration and naturalization remain among the strongest arenas of state discretion, touching on political sensitivities such as security, national identity/demographic change, human rights and economics. While some specialized bodies of law touch on migration issues, for instance in extradition, refugee protection, repatriation and statelessness, international migration law in a sense does not exist as a coherent field. De jure discrimination by race and nationality remains normal in the field of immigration, even as it is expressly prohibited by human rights law in nearly all other arenas. As a result of this vast state discretion, immigration policies vary widely from country to country. International organizations are trying to construct common principles and rules applicable to migrants and members of their families. However, these conventions are more supported by migrant sending- than receiving- countries. On the sending side, different countries have developed different approaches toward expatriates, ranging from taxation, dual nationality, and the right to leave. This course will not aim to cover the immigration law of any particular country. Instead, the aim of this course will be to examine this emerging field of law thematically, examining common problems and responses. Students will come away with an understanding of the issues and dilemmas that would need to be tackled to develop a complete migration policy, either for one country or for the world.
(3 cr.)
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