Global human capital or cash cows? Redressing the uncertain status of internationally mobile students under international law*

Abstract

As the COVID-19 pandemic spread around the globe, many millions of students found themselves trapped in foreign countries, far from home, with situations degenerating quickly. Despite the significant contribution these students make to the gross domestic product of host countries through student fees and participation in local labour markets, these temporary migrants were often excluded from any significant government supports. The plight of these (predominantly young) foreign scholars and trainees begs the question of the role international law does or should play in ensuring their security and wellbeing in disaster settings. This paper critically examines the protective reach for students of existing civil and human rights instruments, including conventions by the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the International Labour Organization (ILO). In identifying gaps and unmet needs in the legal regimes, its aim is to open discussion about the value of creating binding standards to address the unique needs and predicaments of foreign students. Just as many of the world’s most significant international instruments were created in response to global conflicts and disasters, the authors argue that COVID-19 presents the world with a real opportunity to reflect meaningfully on who has been left behind in the struggle to survive this truly global disaster. Internationally mobile students are particularly worthy of consideration because of the human capital they represent.