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International Refugee Law - LAWS8190

Faculty: Faculty of Law

School: Faculty of Law

Course Outline: See below

Campus: Sydney

Career: Postgraduate

Units of Credit: 6

EFTSL: 0.12500 (more info)

Indicative Contact Hours per Week: 2

Enrolment Requirements:

Pre-requisite: Academic Program must be 9200 or 9210 or 9230 or 5740 or 9240 or 5760 or 9211 or 5211 or 9281 or 5281 or 9220 or 5750.

Excluded: JURD7387, JURD7490, LAWS3187

CSS Contribution Charge: 3 (more info)

Tuition Fee: See Tuition Fee Schedule

Further Information: See Class Timetable

View course information for previous years.

Description

This course provides an overview of international refugee law. It explores the concept of 'international protection' through the lens of the 1951 Refugee Convention, asking ‘who is a refugee?’, ‘what status does a refugee obtain?’, ‘who is expressly excluded from protection?’, and whether this instrument is still adequate for refugee movements in the 21st century? It examines the notion of complementary protection (how human rights law has expanded States' protection obligations), the role of the United Nations High Commissioner for Refugees, the causes of and possible solutions to refugee flows, and the political and ethical issues concerning refugees and other forced migrants, including people trafficking and smuggling. It also examines strategies that countries like Australia have adopted in an attempt to deter asylum seekers, such as detention, interdiction, deflection, and temporary protection, as well as legal constructs devised to shift responsibility to other States, such as the concepts of ‘safe third country’, ‘internal flight alternative’, and extraterritorial processing. It undertakes a comparative analysis of practices in the European Union, Canada and the United States, and in regions such as Africa and Latin America. Contemporary protection concerns, such as mass influx, flight from generalized violence and armed conflict, and internal displacement are also addressed.

This course is also available to students undertaking relevant postgraduate non-law degree programs at UNSW, provided such enrolment is approved by the appropriate non-law Faculty.
Non-law student should complete the Manual Course Enrolment form and return to law@unsw.edu.au for enrolment.

LLM Specialisations

International Law
Human Rights and Social Justice

Recommended Prior Knowledge

None, but LAWS8180 Principles of International Law or equivalent is a recommended pre- or co-requisite

Course Objectives

This course aims to:

Provide you with a basic knowledge and understanding of both the substantive and procedural aspects of international and comparative refugee law
Introduce you to the basic principles and institutions of refugee law, including the major treaties, national and international bodies, and the relationship to other branches of international law
Develop your skills in applying, analysing and critiquing the relevant principles
Help you to appreciate the dynamic and evolving nature of refugee law

Main Topics

The evolution of asylum, refugee protection, non-refoulement, and the ethics and politics of asylum
The refugee definition: The inclusion clauses
The refugee definition: exclusion and cessation
Complementary protection and temporary protection in international and regional law
The rights of refugees, asylum seekers and other persons in need of international protection
Refugee determination procedures
Interrupting the right to seek asylum: Deflection mechanisms
IDPs and mass influx
Durable solutions and burden sharing
Contemporary challenges

Assessment

General Class Participation		10%
Class Test	Open Book	20%
Research Essay	6,000 words	70%

Course Texts

Prescribed

GS Goodwin-Gill and J McAdam, The Refugee in International Law (3rd edn, Oxford University Press, Oxford, 2007)

Additional reading materials will be advised before the course begins.

Recommended

These will be advised in the Course Outline.

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