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DRPS : Course Catalogue : School of Law : Law

Postgraduate Course: Migration and Refugee Law (LAWS11368)

Course Outline
SchoolSchool of Law CollegeCollege of Humanities and Social Science
Credit level (Normal year taken)SCQF Level 11 (Postgraduate) AvailabilityNot available to visiting students
SCQF Credits20 ECTS Credits10
SummaryMigration and Refugee Law is designed to introduce the student to the comprehensive range of laws, policies and politics that frame the subject. It will explore the historical underpinnings of this body of laws and assess the success of contemporary approaches to dealing with migrant populations. The course will cover international, EU and Council of Europe and reflect on how these various approaches have been put into practice at the domestic level. The impacts of this body of law on the human rights of migrants across a broad range of geographical contexts will be assessed.
Course description * Wider historical and legal framework of refugee law: a right to move and reside? Can migration be managed? How has it been regulated in the past, and what are the most important international legal instruments nowadays? The 1951 Geneva Convention (accession, scope, limitations, etc.) and the work of the UNHCR and other UN agencies.
* Refugees and other persons in need of (international) protection: internally displaced persons, environmental migrants, stateless persons; Determination of refugee status (conditions according to the Geneva Convention: well-founded fear, reasons of persecution, etc.); other forms of protection according to the Geneva Convention.
* Loss or denial of refugee status, criminalization of refugees and detention
* Principle of non-refoulement
* Gender issues and minors: vulnerable migrants
* Council of Europe legal framework for refugee protection
* EU regime on asylum: the road to ¿Dublin¿; the Dublin regime explained; Directives dealing with asylum in the EU (procedures directive, qualifications directive, reception conditions directive); directive on mass influx, tension EU/ECHR with regard to state responsibility re refugees / asylum seekers)
* EU policy on migration and EU external migration policy (think of EU Turkey deal, readmission agreements, etc).

Entry Requirements (not applicable to Visiting Students)
Pre-requisites Co-requisites Students MUST also take: International Human Rights Law (LAWS11325)
Prohibited Combinations Other requirements None
Course Delivery Information
Academic year 2017/18, Not available to visiting students (SS1) Quota:  25
Course Start Semester 2
Timetable Timetable
Learning and Teaching activities (Further Info) Total Hours: 200 ( Seminar/Tutorial Hours 20, Feedback/Feedforward Hours 2, Formative Assessment Hours 2, Summative Assessment Hours 2, Programme Level Learning and Teaching Hours 4, Directed Learning and Independent Learning Hours 170 )
Assessment (Further Info) Written Exam 0 %, Coursework 100 %, Practical Exam 0 %
Additional Information (Assessment) A group presentation and submission will form 40% of the mark.«br /»
An individual essay component will make up the remaining 60% of the mark. «br /»
Feedback Feedback will be available at regular points through this course.
No Exam Information
Learning Outcomes
On completion of this course, the student will be able to:
  1. Students will be able to plan and execute a research project both in a group and individual setting.
  2. Critical research skills will be developed.
  3. Advanced practical application of the law will be acquired through the course in both group projects and individual research.
Reading List
Journal articles will be the primary assigned readings. The following is an indicative list of journal titles, to which the library already holds a subscription:

European Journal of Migration and Law
Human Rights Law Journal
Human Rights Law Review
Refugee Survey Quarterly
International Journal of Refugee Law
Journal of Refugee Studies
Journal of Migration and Refugee Issues
Journal of Immigrant and Refugee Studies
International Migration

Further additional text readings from the following will be assigned occasionally:
Gender in Refugee Law: From the Margins to the Centre
Immigration, Nationality & Refugee Law Handbook
Contemporary Issues in Refugee Law
UNHCR and International Refugee Law: From Treaties to Innovation
Additional Information
Graduate Attributes and Skills Not entered
KeywordsNot entered
Course organiserDr Kasey Mccall-Smith
Tel: (0131 6)51 4524
Course secretaryMr David Morris
Tel: (0131 6)50 2010
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