European and International Migration Law
A.Y. 2024/2025
Learning objectives
The course is designed i) to give students a global understanding of the international and of the EU legal framework governing both forced and voluntary migration, including the rights and responsibilities of States and migrants; ii) to provide them with practical skills in legal reasoning and arguing on both cases and current events that give raise to questions regarding the addressed topics. It aims not only at equipping students with appropriate knowledge of the sources of international and EU migration law, but also with the tools to address legal questions originating from a practical case, to acquire language skills and, in the long term, to apply international migration law principles in a professional and competent manner. Students will engage with case law, policy documents and key academic texts to acquire both sound knowledge of the law and critical awareness of the biases, gaps and challenges in the current system, with a focus on international refugees (including climate displaced people), the phenomena of human trafficking and migrant smuggling (including the law on maritime migration), expulsion policies, and the rights of most vulnerable individuals, like women and unaccompanied children under international human rights law.
On successful completion of the course students will be able to:
1. demonstrate knowledge and awareness of the international and EU legal instruments that regulate particular aspects of international migration
2. distinguish between forced migration and voluntary migration, reflecting on the blurred lines between the two categories and understand the legal regime regulating migration at the international and at the EU level
3. appreciate the interplay between legal rules and underlying exigencies and State interests in regulating migration and to give a legal evaluation of various State actions and migration control measures
4. engage in critical legal analysis of the practice of judicial and other institutions
5. demonstrate awareness of the rights of migrants and understand the obstacles to accessing such rights
6. apply learned knowledge to particular fact situations
7. acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
On successful completion of the course students will be able to:
1. demonstrate knowledge and awareness of the international and EU legal instruments that regulate particular aspects of international migration
2. distinguish between forced migration and voluntary migration, reflecting on the blurred lines between the two categories and understand the legal regime regulating migration at the international and at the EU level
3. appreciate the interplay between legal rules and underlying exigencies and State interests in regulating migration and to give a legal evaluation of various State actions and migration control measures
4. engage in critical legal analysis of the practice of judicial and other institutions
5. demonstrate awareness of the rights of migrants and understand the obstacles to accessing such rights
6. apply learned knowledge to particular fact situations
7. acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
Expected learning outcomes
The course is designed i) to give students a global understanding of the international and of the EU legal framework governing both forced and voluntary migration, including the rights and responsibilities of States and migrants; ii) to provide them with practical skills in legal reasoning and arguing on both cases and current events that give raise to questions regarding the addressed topics. It aims not only at equipping students with appropriate knowledge of the sources of international and EU migration law, but also with the tools to address legal questions originating from a practical case, to acquire language skills and, in the long term, to apply international migration law principles in a professional and competent manner. Students will engage with case law, policy documents and key academic texts to acquire both sound knowledge of the law and critical awareness of the biases, gaps and challenges in the current system, with a focus on international refugees (including climate displaced people), the phenomena of human trafficking and migrant smuggling (including the law on maritime migration), expulsion policies, and the rights of most vulnerable individuals, like women and unaccompanied children under international human rights law.
On successful completion of the course students will be able to:
1. demonstrate knowledge and awareness of the international and EU legal instruments that regulate particular aspects of international migration
2. distinguish between forced migration and voluntary migration, reflecting on the blurred lines between the two categories and understand the legal regime regulating migration at the international and at the EU level
3. appreciate the interplay between legal rules and underlying exigencies and State interests in regulating migration and to give a legal evaluation of various State actions and migration control measures
4. engage in critical legal analysis of the practice of judicial and other institutions
5. demonstrate awareness of the rights of migrants and understand the obstacles to accessing such rights
6. apply learned knowledge to particular fact situations
7. acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
On successful completion of the course students will be able to:
1. demonstrate knowledge and awareness of the international and EU legal instruments that regulate particular aspects of international migration
2. distinguish between forced migration and voluntary migration, reflecting on the blurred lines between the two categories and understand the legal regime regulating migration at the international and at the EU level
3. appreciate the interplay between legal rules and underlying exigencies and State interests in regulating migration and to give a legal evaluation of various State actions and migration control measures
4. engage in critical legal analysis of the practice of judicial and other institutions
5. demonstrate awareness of the rights of migrants and understand the obstacles to accessing such rights
6. apply learned knowledge to particular fact situations
7. acquire communication skills (written and oral) as regards the issues dealt with in the course and use them also to argue with logical and legal thoroughness and propriety of legal language.
Lesson period: First semester
Assessment methods: Esame
Assessment result: voto verbalizzato in trentesimi
Single course
This course cannot be attended as a single course. Please check our list of single courses to find the ones available for enrolment.
Course syllabus and organization
Single session
Responsible
Lesson period
First semester
Course syllabus
The course is organized into three integrated modules which will cover: 1) International migration law; 2) Migration at Sea 3) EU Migration Law.
As to the first module, the main topics are: - the sources of International Migration and Refugee Law; - the core concepts and principles established in the Refugee Convention and in other relevant treaties dealing with issues relating to migration; - the core concepts and principles established by the International Labour Organisation with respect to labour migration; - the risks associated with migration and the drivers of 'voluntary' and 'forced' migration; - the rights of migrants and the obstacles to accessing such rights. Students will engage with case law, policy documents and key academic texts to acquire both sound knowledge of the law and critical awareness of the biases, gaps and challenges in the current system, with a focus on international refugees, human trafficking and migrant smuggling, expulsion policies, and the rights of migrants with focus on most vulnerable individuals, like unaccompanied children under international human rights law.
As to the first module, the main topics are: - the sources of International Migration and Refugee Law; - the core concepts and principles established in the Refugee Convention and in other relevant treaties dealing with issues relating to migration; - the core concepts and principles established by the International Labour Organisation with respect to labour migration; - the risks associated with migration and the drivers of 'voluntary' and 'forced' migration; - the rights of migrants and the obstacles to accessing such rights. Students will engage with case law, policy documents and key academic texts to acquire both sound knowledge of the law and critical awareness of the biases, gaps and challenges in the current system, with a focus on international refugees, human trafficking and migrant smuggling, expulsion policies, and the rights of migrants with focus on most vulnerable individuals, like unaccompanied children under international human rights law.
Prerequisites for admission
Basic knowledge of International and EU Law
Teaching methods
Classes will alternate traditional lectures and learning-by-doing exercises (case-study discussions, moots, group work). Lectures (powerpoint presentations) will be made available after each lecture at https://ariel.unimi.it/.
Teaching Resources
Students will prepare the exam on class notes and assigned readings.
As to the first two parts (International Migration Law), the may integrate their notes with the reading of the following reference textbook: V. Chetail, International Migration Law, CUP, 2019.
As to the third one (EU Migration Law), the recommended textbook is: Evangelia Tsourdi · Philippe De Bruycker, Research Handbook on EU Migration and Asylum Law, Edward Elgar Publishing, 2022, Chapters: 1 and 2.
As to the first two parts (International Migration Law), the may integrate their notes with the reading of the following reference textbook: V. Chetail, International Migration Law, CUP, 2019.
As to the third one (EU Migration Law), the recommended textbook is: Evangelia Tsourdi · Philippe De Bruycker, Research Handbook on EU Migration and Asylum Law, Edward Elgar Publishing, 2022, Chapters: 1 and 2.
Assessment methods and Criteria
As to the first two modules of International Migration Law, students will take an intermediate written exam consisting of 5 multiple choice questions and two open questions requiring comprehensive, yet short answer (5-10 lines); the test will count two-thirds of the final evaluation.
The remaining one-third will be based on a written exam on the third part (EU Migration Law).
The final evaluation will also take into consideration the participation in the activities performed at class. Students are in fact required to participate actively through the proposed in-class team activities (presentations, case-studies, discussions of particular topics, flipped classroom).
The remaining one-third will be based on a written exam on the third part (EU Migration Law).
The final evaluation will also take into consideration the participation in the activities performed at class. Students are in fact required to participate actively through the proposed in-class team activities (presentations, case-studies, discussions of particular topics, flipped classroom).
IUS/13 - INTERNATIONAL LAW - University credits: 6
IUS/14 - EUROPEAN UNION LAW - University credits: 3
IUS/14 - EUROPEAN UNION LAW - University credits: 3
Lessons: 60 hours
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