LLAW3332 Marginalised Populations and International Law

This topic is concerned with marginalised populations, sometimes called minorities, the disempowered, vulnerable people etc. The language used to describe people who lack voice or power within a certain system or society is in fact one of the issues we will look at in this topic (because a label in itself can be disempowering!). We will also be concerned with questions related to the meaning of marginalisation (or any of the terms used as synonyms) and the difficulties marginalised people face in accessing justice. Our focus is on the ways in international law can present both a tool to empower marginalised populations, as well as present barriers originating from a system that itself has not always been overly inclusive of some of these populations like Indigenous Peoples, children and persons with a disability.

This topic aims to teach students to:

• Be aware of the power of language
• Understand marginalisation within the context of international law
• Examine the law that applies to marginalised populations generally and selected groups in particular
• Appreciate how the law can be used as a tool for empowerment, but also consider in what ways the law itself might disempower populations
• Assess how international law can include and give voice to marginalised populations

This topic further aims to:

• Encourage students to take responsibility for their own learning
• Provide students with the opportunity to develop their opinions
• Develop students' awareness of the different types of arguments (legal, moral, practical) that inform debates on marginalised populations
• Cultivate students' analytical and writing skills

1. Demonstrate insight into the concept of marginalisation
2. Show awareness of the ways in which international law has sought to tackle marginalisation
3. Identify the rights, rules and principles that apply to certain identified populations like children
4. Critically analyse the notion that international law offers tools to marginalised populations, but that neither their design, nor their workings are always perfect
5. Critically analyse the ways in which international law can empower and disempower marginalised populations
6. Debate how international law can improve the situation of (identified) marginalised populations