University of Essex

LW907-7-AU-CO:
The Protection of Refugees and Displaced Persons in International Law

The details

Year: 2023/24

Department: Essex Law School

Campus: Colchester Campus

Term: Autumn

Level: Postgraduate: Level 7

Status: Current

Start date: Thursday 05 October 2023

End date: Friday 15 December 2023

Credits: 15

Last updated: 20 October 2023

Requisites for this module

Pre-requisites: (none)

Co-requisites: (none)

Pre and / or co-requisites: (none)

Prohibited modules: (none)

Key module (requisite for): (none)

Key module for

(none)

Module description

Refugees and internally displaced persons constitute between 68.5 million people. The aim of this module is to examine the protection they receive in international law. Legal definitions of refugee status, both international and regional, are the focus, along with the guarantees provided through international human rights law. In addition, the module explores limitations placed on their international commitments by states in Europe and North America. The final part of the module reviews the interface between international refugee law and international criminal law.

Module aims

The module will provide students with necessary understanding of the protection of refugees and displaced persons in International Law as a necessary basis for further study and careers within this field. It is expected that upon successful completion of the course, students will have a thorough knowledge and insight of the pertinent international legal frameworks and the ability to apply them as appropriate.

Module learning outcomes

Module Learning Outcomes (i) Students will gain an understanding of the nature of international refugee law and relevant aspects of international human rights law and international criminal law,
(ii) Students will learn about the various regional responses to the protection of refugees and other displaced persons.
(iii) Students are encouraged to develop analytical and critical skills relating to the protection of refugees and other displaced persons in international law.
(iv) Students will learn about cessation of status and exclusion from status.
(v) Students are provided with a solid foundation for the further study and research of more specialist areas of international law pertinent to forced displacement.

Module information

Topics covered:
Seminar 1 - Introduction with History and Non-Refugees
Seminar 2 - Refugee status under the Convention Relating to the Status of Refugees
Seminar 3 - Membership of a Particular Social Group, especially gender
Seminars 4 and 5 - Non-refoulement under Article 33.1 and Complementary Protection
Seminar 6 and 7 - Regional Mechanisms, including armed conflict
Seminars 8 and 9 - Exclusion and Cessation

Learning and teaching methods

This module will be taught via weekly 2-hour seminars. The module teaching team will upload all relevant teaching materials on Moodle. You will find reading lists, the textbook, weekly handouts or PPS notes on Moodle. The materials in question are designed both to help you navigate the material to be covered in the seminars and to equip you to analyse the required readings. You will be expected to have completed the required readings in advance of your seminars.

Bibliography

Goodwin-Gill, G.S. and McAdam, J. (2021d) Refugee in International Law. 4th Revised edition. Oxford: Oxford University Press. Available at: https://search.ebscohost.com/login.aspx?direct=true&scope=site&db=nlebk&db=nlabk&AN=3020516.
Hathaway, J.C. (1984) ‘The Evolution of Refugee Status in International Law: 1920—1950’, International & Comparative Law Quarterly, 33(2), pp. 348–380. Available at: https://doi.org/10.1093/iclqaj/33.2.348.
Mahoney, K. (ed.) (1992) Human Rights in the Twenty-First Century:A Global Challenge. Dordrecht: Springer.
Loescher, G. (2001) The UNHCR and World Politics. Oxford: Oxford University Press. Available at: https://doi.org/10.1093/0199246912.001.0001.
‘In Safety and Dignity: Addressing Large Movements of Refugees and Migrants’ (2016) International Journal of Refugee Law, 28(3), pp. 500–530. Available at: https://doi.org/10.1093/ijrl/eew046.
Convention relating to the Status of Refugees, 189 U.N.T.S. 150, entered into force April 22, 1954. (no date). Available at: http://hrlibrary.umn.edu/instree/v1crs.htm.
Protocol Relating to the Status of Refugees, 606 U.N.T.S. 267, entered into force Oct. 4, 1967. (no date). Available at: http://hrlibrary.umn.edu/instree/v2prsr.htm.
Convention Governing the Specific Aspects of Refugee Problems in Africa, 1001 U.N.T.S. 45, entered into force June 20, 1974. (no date). Available at: http://hrlibrary.umn.edu/instree/z2arcon.htm.
‘Cartagena Declaration on Refugees, adopted by the Colloquium on the International Protection of Refugees in Central America, Mexico and Panama, Cartagena de Indias, Colombia, 22 November 1984’ (no date). Available at: https://www.unhcr.org/uk/media/cartagena-declaration-refugees-adopted-colloquium-international-protection-refugees-central.
The Brazil Declaration (no date). Available at: https://www.unhcr.org/uk/brazil-declaration.html.
‘Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (recast)’ (no date). Available at: https://www.refworld.org/docid/4f197df02.html.
MACKLIN, A. (1994) ‘Canada (Attorney-General) v. Ward: A Review Essay’, International Journal of Refugee Law, 6(3), pp. 362–381. Available at: https://doi.org/10.1093/ijrl/6.3.362.
‘Sanchez-Trujillo, et al., v. Immigration and Naturalization Service’ (no date). Available at: https://www.refworld.org/cases,USA_CA_9,4a3a3af50.html.
Islam v. Secretary of State for the Home Department Immigration Appeal Tribunal and Another, Ex Parte Shah, R v. [1999] UKHL 20; [1999] 2 AC 629; [1999] 2 All ER 545 (25th March, 1999) (no date). Available at: http://www.bailii.org/uk/cases/UKHL/1999/20.html.
Lauterpacht, E. and Daniel Bethlehem (2003) ‘The scope and content of the principle of non-refoulement: Opinion (2.1)’, in E. Feller, V. Türk, and F. Nicholson (eds) Refugee Protection in International Law. Cambridge: Cambridge University Press, pp. 89–119. Available at: https://www-cambridge-org.uniessexlib.idm.oclc.org/core/books/refugee-protection-in-international-law/B5CB2BFB15A3955C4E443C315C7F599B.
Regina v. Secretary of State For The Home Department, Ex Parte Adan Regina v. Secretary of State For The Home Department Ex Parte Aitseguer (no date). Available at: https://publications.parliament.uk/pa/ld200001/ldjudgmt/jd001219/adan-1.htm.
‘Fadil Dyli v. Secretary of State for the Home Department’ (no date). Available at: https://www.refworld.org/cases,GBR_AIT,3dec84942.html.
Wouters, K. and Heijer, M. Den (2010) ‘The Marine I Case: a Comment’, International Journal of Refugee Law, 22(1), pp. 1–19. Available at: https://doi.org/10.1093/ijrl/eep031.
HJ (Iran) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) and one other action - The Supreme Court (no date). Available at: https://www.supremecourt.uk/cases/uksc-2009-0054.html.

The above list is indicative of the essential reading for the course.
The library makes provision for all reading list items, with digital provision where possible, and these resources are shared between students.
Further reading can be obtained from this module's reading list.

Assessment items, weightings and deadlines

Coursework / exam	Description	Deadline	Coursework weighting
Coursework	Essay (LW907 Protection of Refugees)		100%

Exam format definitions

Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary, for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.

Your department will provide further guidance before your exams.

Overall assessment

Coursework	Exam
100%	0%

Reassessment

Coursework	Exam
100%	0%

Module supervisor and teaching staff

Supervisor: Prof Geoff Gilbert, email: g.gilbert@essex.ac.uk.

Teaching staff:

Contact details: Law Education Office, pgtlawqueries@essex.ac.uk

Availability

Available to incoming Essex Abroad / Exchange students: No

Available to Outside Option: No

Available to Audit: Yes

External examiner

Name: Dr Luke Moffett

Resources

Teaching materials: Available via Moodle

Lecture recording: Of 18 hours, 4 (22.2%) hours available to students:
0 hours not recorded due to service coverage or fault;
14 hours not recorded due to opt-out by lecturer(s), module, or event type.

Further information

Department website: Essex Law School

Disclaimer: The University makes every effort to ensure that this information on its Module Directory is accurate and up-to-date. Exceptionally it can be necessary to make changes, for example to programmes, modules, facilities or fees. Examples of such reasons might include a change of law or regulatory requirements, industrial action, lack of demand, departure of key personnel, change in government policy, or withdrawal/reduction of funding. Changes to modules may for example consist of variations to the content and method of delivery or assessment of modules and other services, to discontinue modules and other services and to merge or combine modules. The University will endeavour to keep such changes to a minimum, and will also keep students informed appropriately by updating our programme specifications and module directory.

The full Procedures, Rules and Regulations of the University governing how it operates are set out in the Charter, Statutes and Ordinances and in the University Regulations, Policy and Procedures.

Module Directory

LW907-7-AU-CO:The Protection of Refugees and Displaced Persons in International Law