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ODEC 8095 - "Aliens", Diasporas and International Law

Type d'enseignement : Seminar

Semester : Autumn 2018-2019

Number of hours : 12

Language of tuition : English

Pre-requisite

aucun

Course Description

One of the great structuring themes in international law is how states should treat « aliens », as foreigners were traditionally known. The movement of persons is at the very source of many international developments, including the protection of investments and human rights. The “alien” today, however, is not necessarily the same as the alien a century or five centuries ago. More diverse and part of complex multicultural societies, he may have become part of a sprawling diaspora that maintains connections with its country of origin whilst being fully settled in the new one. The study of migratory flows in international law has tended to focus on the point of entry (as a migrant or refugee) but has been much less interested in the “long tail” of migration: the extent to which migration continues to produce legal effects sometimes several generations down, notably but not only through multiple citizenship. As to transnational law, the paradigm has been more interested in various corporate and governance actors than the jurisgenerative potential of populations on the move. This course will trace this mutation with a view to teasing out the long term legal ramifications of human mobility across countries. Diasporas, in particular, represent an interesting prism through which to examine a number of transnational legal developments at the intersection of public and private international law, domestic and transnational law, and comparative and human rights law. The course will, for example, deal with the contribution of diasporas to triggering universal jurisdiction, the issue of diplomatic protection of one's nationals' abroad, extra-territorial voting arrangements, the financing of diasporic, notably religious, institutions, the issue of serving in the military of one's country of origin, as well as transnational fiscal arrangements and family law issues. Through those multiple lenses, it hopes to introduce students to some fascinating but little understood legal phenomena that strongly structure our international legal environment.

Teachers

MEGRET, Frédéric J. (Professeur agrégé)

Course validation

Pass/Fail