The Law (and Politics) of Forced Displacement: Towards a History of the Present

Abstract

Coerced transfer of populations, it is often noted, is illegal under international law. This talk aims to challenge this basic premise. A certain tradition of international law fosters a much more ambiguous position towards the collective transfer of groups. Through several types of instruments allowing for collective transfer, historical and contemporary, international law has constantly played a key role in the transnational governance of populations. It is worthwhile to reevaluate the history of international law as a mode of population governance. With multiple unfolding and impending climate crises, the ambiguous role of international law in the mass movement of populations is likely to become ever-more-important.