Module Description

This module examines the international law dimensions of protecting refugees and other categories of forced migrants. It provides a comprehensive overview of the concepts and workings of international law, in general, and international refugee and human rights law, in particular, as they relate to the phenomenon of forced displacement. While international refugee and human rights law forms the backbone of the course, the module will also cover aspects of international criminal law, international human rights law and international humanitarian law as these apply to refugees and other forced migrants.

The module will start by studying the rationale and development of refugee law up to its codification in the 1951 Refugee Convention and 1967 Protocol. The institutions tasked with overseeing the implementation of these instruments will also be examined, with a particular focus on UNHCR and UNRWA. The study of substantive law, including State practice and case law of national and international courts and Treaty bodies, will follow thereafter in thematic blocs: 1) the ethical roots of refugeehood; 2) the refugee definition (inclusion, exclusion, and cessation of refugee status); 3) the content of international protection and the principle of non-refoulement; 4) extended and complementary forms of protection; 5) war and displacement; 6) the status of Palestinian refugees; 7) the right to asylum and other 'durable solutions'; 8) access to protection and the impact of policies of non-entrée.


Learning Aims and Outcomes

  • This module aims to raise awareness among students of the global and current phenomenon of forced migration and the problem it poses from a legal perspective.

  • The module will equip students with the necessary tools to understand how the international community's concern for forced migration translates into an evolving set of legal norms, mechanisms and procedures. 

  • The course will provide students with a conceptual framework and legal methodology for the analysis of forced migration under international law and related sub-systems.

  • At the end of the course, students will be able to understand the potential and limits of international law, both as an operative and normative system, for the protection of refugees and other categories of forced migrants. They will be able to analyse and articulate informed legal arguments on forced migration and their regulation under international law, making use of the relevant sources.


Mondays 9.00-12.00, Queens Building, LG6, Mile End Campus

SCHEDULE

WEEK 

DATE

TOPIC

ACTIVITY [tbc]

1

02 OCT.



INTRODUCTION & Development of the 'International Refugee Regime'

Reflection exercise: why do we protect refugees?

2

09 OCT.


Refugee status determination: Inclusion (I)

Drafting case note based on sample asylum interview and discussion

3

16 OCT.


Refugee status determination: INCLUSION (II)

Student groups' presentations: approaches to "particular social group"

4

23 OCT.


Refugee status determination: EXCLUSION

Drafting third-party legal intervention and discussion: the case of tolep

5

30 OCT.

Refugee status determination: CESSATION

Case law analysis and discussion exercise:  CJEU c-175/08 Abdullah

6

reading week

no classes

Individual work on final essay

7

13 NOV.


The principle of non-refoulement and complementary protection

Team debate exercise: non-refoulement

8

20 NOV.


Regional definitions and Conflict-based refugees

Legal regime interaction and discussion exercise: "war refugees"

9

27 NOV.

The status of Palestinian refugees and UNRWA

Draft advocacy brief

10

04 DEC.

International Protection and Solutions: asylum, returns and resettlement

Group presentations

11

11 DEC.

'Non-entry' policies and externalisation of the asylum system

Draft a scoping memo and presentations




MODULE EXPECTATIONS


TEACHING ARRANGEMENTS

The learning experience in each week session will comprise different but complementary components:

  •  Seminars by the teaching team, taking place during Weeks 1 - 5 and Weeks 7 - 11 of the module, devoted to the study of the most important issues regarding refugees and forced migration law and policy, providing a detailed overview of each week's topic.

  • Consolidation activities coordinated by the module convener with the teaching team, taking place during Weeks 1 - 5 and Weeks 7 - 11 of the module, providing an opportunity to apply the knowledge gained through seminar discussions, as well as pre-seminar readings and preparation to specific scenarios and in different formats. To cater for different preferences and hone a variety of transferable skills, activities will take different shapes, including debates, problem-solving exercises, group presentations, etc.

All components will be interactive. Instructions and readings will be set in advance of each session (see weekly tabs below). The expectation is that students come prepared to participate in all activities.



There are several resources at your disposal to help with studying and essay writing throughout the term:

1) Use the student forum to post questions regarding seminar preparation, readings, and consolidation activities.

2) For individual issues email the module convener or relevant member of the teaching team to book a meeting.

3) For assistance with writing and studying during the course:

  • One-on-one guidance by our Royal Literary Fund Fellows scheme to be booked in advance, via:

https://www.qmul.ac.uk/library/academic-skills/onetoone/rlf/ >

  •  A range of other complementary Writing and Study Guidance, including one-on-one tutorials, reading workshops, drop-in sessions, small writing groups, etc., available via:

http://www.learningdevelopment.qmul.ac.uk/writing-study-guidance >

https://www.qmul.ac.uk/library/academic-skills/onetoone/ >