Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 6

PUBLIC INTERNATIONAL

LAW SEMESTER-4

CIA-1

Title- An Analysis of “Nomad Land” in relation to Public International Law

SUBMITTED BY-

Krishnanunni J (2250113)

Gudipati Varshitha (2250150)

Jenny Rose P G (2250152)

SUBMITTED TO-

Ms. Shreya

Professor, School of

Law

SCHOOL OF LAW

CHRIST (DEEMED TO BE

UNIVERSITY) BENGALURU

1 | Page
KEY POINTS
The key features of principles of public international law as discussed in the documentary
‘Nomad Land’ are -
1. The nationality and statelessness of nomads under international law
2. Poverty tourism
3. Freedom of movement
4. Dignity and human rights
5. Social justice and equality
6. Solidarity and cooperation

NAME CONTENT PAGE NUMBER


Gudipati Varshitha Nationality and 3
Statelessness, Poverty and
Economical Struggles:

Jenny Rose P G Freedom of Movement, 4


International Human Rights
Krishnanunni J Social Justice and equality, 5
Solidarity and cooperation

2 | Page
Gudipati Varshitha -2250150

1. NATIONALITY AND STATELESSNESS:


In the documentary named NOMADLAND, a sixty-four- year- old woman named Linda lost
everything in the Great Recession. After realizing that her rent was not covered by social
security, she started living in a van as a modern-day nomad.
Nationality is an idea that is problematic for wandering people because it is inherently related
to a stationary dwelling. Some of the consequences that often accompany a stateless status
include a lack of access to education, health care, and social welfare which are usually tied to
citizenship among others. Furthermore, being without any nationality can put one in an
extremely unstable situation in which one does not possess a national identity accepted
by any country. They are more likely to become stateless due to their migratory lifestyle
since they move from place to place, thus making it difficult for them to establish ties with
any particular state. Henceforth, if such people become stateless there will be no basic
resources and services necessary for them.
The Universal Declaration of Human Rights affirms that everyone has the right to a
nationality1. Edwards argues that nationality must, at a minimum, provide diplomatic
protection and the right to enter and reside 2. Lindsey Kingston also questions the idea of
“functioning citizenship,” or nationality that ensures the full spectrum of rights3.

2. POVERTY AND ECONOMICAL STRUGGLES:


According to Tim Brayton, ‘Nomad land’ is ‘108 minutes of poverty tourism’, his
perspective of how the film portrays the economic struggles and hardships faced by these
nomadic communities. The documentary highlights economic hardship, job loss, and the
resilience of people who have been pushed into this kind of lifestyle. It also brings up wider
societal and ethical issues when it comes to representing marginalized communities in
cinema. This raises significant issues about rights under the international legal framework for
nomadic communities that encounter economic challenges and social marginalization. The
right to human dignity is an important part of human rights recognized in various
international instruments, such as the Universal Declaration of Human Rights (UDHR).
International law, which is committed to non-discrimination and safeguarding human rights,
contributes towards setting ethical standards on how vulnerable groups should be represented
in the media. Nomadland tends to show hardship and poverty that focuses on principles of
international law that protect individuals regardless of their social or economic conditions
with other legal aspects.

1
UN General Assembly, Universal Declaration of Human Rights, 217 (III) A (Paris 1948) Art. 15.
2
A. Edwards, ‘The meaning of nationality in international law in an era of human rights: procedural and
substantive aspects’ in A. Edwards and L. van Waas (eds.) Nationality and Statelessness under
International Law Cambridge UP 2014)
3
L. N. Kingston, ‘Stateless as a Lack of Functioning Citizenship’ 19 Tilburg Law Review 127 (2014)

3 | Page
Jenny Rose PG- 2250152

3. FREEDOM OF MOVEMENT

The documentary Nomadland delves into the intricate relationship between personal freedom
and societal norms. Despite the protagonist's desire for freedom and exploration, she often
feels societal pressure to conform to conventional expectations4. This conflict between
individual autonomy and societal expectations adds depth to the exploration of freedom of
movement.

Additionally, the film raises important questions about the limitations and restrictions placed
on the freedom of movement. It portrays the challenges faced by individuals who are
marginalized or disadvantaged, such as limited access to resources, discrimination, and
bureaucratic hurdles5. By shedding light on these issues, Nomadland prompts viewers to
critically examine the existing systems and policies that hinder or enable freedom of
movement.

In conclusion, Nomadland is a thought-provoking documentary that explores the concept of


freedom of movement both personally and on a broader scale. It highlights the desire for
exploration and connection while also addressing the complexities, limitations, and
challenges associated with exercising this fundamental right.

4. INTERNATIONAL HUMAN RIGHTS

The theme of international law in relation to Nomadland is further complicated by the fact
that the characters are working and living within the United States. While international
human rights law primarily applies to the relationship between governments and their
citizens, it also recognizes that governments have an obligation to protect the rights of
individuals within their jurisdiction, regardless of their nationality or legal status6.

The film highlights the intersectionality of human rights issues, as the characters in
Nomadland are not only struggling with economic insecurity but also facing discrimination
and marginalization due to their status as "nomads." This challenges the traditional
understanding of international law as primarily concerned with state actors, emphasizing the
importance of incorporating a broader perspective on human rights that encompasses the
experiences of marginalized communities.

Furthermore, the documentary raises questions about the e ffectiveness of international law in
addressing these human rights violations. While international human rights instruments exist
to protect individuals, the enforcement mechanisms can be limited, particularly when dealing
with violations committed by domestic governments. This raises concerns about the
accountability of states and the potential gaps in protection for individuals living in
marginalized and vulnerable circumstances.

4
Freedom of Movement in International Law https://www.hrw.org/reports/2005/cuba1005/4.htm
5
Manfred Nowak, U.N. Covenant on Civil and Political Rights: CCPR Commentary (N.P. Engel, 1993), p. 214.
6
International Covenant on Civil and Political Rights, Article 12(2)

4 | Page
In conclusion, the theme of international law in relation to Nomadland sheds light on the
significance of human rights and the responsibility of governments to uphold dignity and
protect individuals7. However, the complexities and challenges inherent to international law
and its enforcement further emphasize the need for continuous advocacy, awareness, and
reform in order to ensure the protection of human rights for all individuals, including those
depicted in the documentary.

Krishnanunni J – 2250113

5. SOCIAL JUSTICE AND EQUALITY

“Nomadland” portrays social justice and equality through the lens of Fern, a widow living a
nomadic life due to economic necessity. The film illuminates the plight of older Americans
displaced by society, challenging the romanticized notion of itinerant Americans as heroic
lone wolves8. It exposes the harsh realities of modern American life, where the pursuit of
happiness often leads to pathos, poverty, and desperation.

Yet, it also celebrates the resilience and individualism of these modern nomads9. This
nuanced depiction underscores the need for social justice and equality in a society that often
overlooks its most vulnerable members. “Nomadland” depicts social justice and equality
through the experiences and resilience of contemporary nomads.

6. SOLIDARITY AND COOPERATION

In the film "Nomadland," a widow named Fern, who chooses to live a nomadic existence,
skillfully illustrates the concepts of collaboration and solidarity. The movie presents a group
of contemporary nomads who, in spite of leading independent lives, come together to form a
helpful network. Frances McDormand's character Fern makes friends with other nomads and
adjusts to her new normal.These friendships that were made while traveling are evidence of
the human spirit's capacity to unite and build bonds even in the most trying situations.

Real-life nomads Linda May and Swankie, who play themselves in the movie, further
highlight how genuine these ties are. The Rubber Tramp Rendezvous, the largest gathering of
nomads, is a symbol of their unity and mutual support 10. These contemporary nomads show
incredible resiliency in the face of adversity, highlighting the strength of community and
collaboration.

7
Universal Declaration of Human Rights, Article 13(2).
8
Brooks, X. (2021, April 22). ‘It’s an utter myth’: how Nomadland exposes the cult of the western. The
Guardian.
9
James, C. (2022, February 24). Nomadland review: ‘Overflowing with humanity and tenderness.’
BBC Culture.
10
Ibid at 1

5 | Page
"Nomad Land" is essentially a moving examination of the ability of people to come together
and work together in the face of hardship. In the end, it celebrates the spirit of communal
resistance by pushing the audience to reevaluate traditional ideas of community and
belonging.

6 | Page

You might also like