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When men, women and children flee their countries to escape persecution, they often have to rely on foreign authorities which are supposed to determine whether they meet the legal definition of a refugee in order to avoid being forced to return home.
In this course, students will investigate forced migration as a social phenomenon in legal context. Students will learn and practice applying the refugee definition in a range of cases. Main emphasis will be put on the interpretation of the UN Convention Relating to the Status of Refugees and to the most recent developments of the EU. Students will develop their interviewing and advocacy skills, write submissions, assess credibility of evidence and work with related documents. In general, the students will gain insight into the application of legal standards for determining the status of refugee applicants. Last update: NOHAVICP (15.02.2008)
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In this course, students will investigate forced migration as a social phenomenon in legal context. Students will learn and practice applying the refugee definition in a range of cases. Main emphasis will be put on the interpretation of the UN Convention Relating to the Status of Refugees and to the most recent developments of the EU. Students will develop their interviewing and advocacy skills, write submissions, assess credibility of evidence and work with related documents. In general, the students will gain insight into the application of legal standards for determining the status of refugee applicants. Last update: NOHAVICP (07.04.2008)
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CLASS 1 INTERNATIONAL INSTITUTIONAL RESPONSES TO THE REFUGEE PROBLEM
Mandatory Demuth, Andreas: Some Conceptual Thoughts on Migration Research in: Agozino, Biko (ed.): Theoretical and Methodological Issues in Migration Research, Aschgate, Aldershot, 2000. [pp. 21-58] Loescher, Gill: Beyond Charity: International Co-operation and the Global Refugee Crisis, Oxford University Press, 1993. [Chapter 2 The Origins of the International Refugee Regime, pp. 32-55]
Recommended Salt, John: Current Trends in International Migration in Europe, CDMG (2001) 33, Council of Europe, November 2001. [pp. 1-35]
CLASS 2 THE NATURE OF REFUGEE STATUS DETERMINATION
Mandatory Convention Relating to the Status of Refugees, 28 July 1951, 189 U.N.T.S. 150. Protocol Relating to the Status of Refugees, 4 October 1967, 606 U.N.T.S. 267. Kälin, Walter: Troubled Communication: Cross-Cultural Misunderstandings in the Asylum-Hearing in International Migration Review (1986), Vol. XX No. 2. [pp. 230-241]
CLASS 3 ANALYSIS OF THE 1951 CONVENTION REFUGEE DEFINITION - INCLUSION CLAUSES
Mandatory Hathaway, James: The Law of Refugee Status, Butterworth, Toronto, 1991. [Chapter 3 Well founded fear, pp. 65-97] UNHCR, 'Handbook on Procedures and Criteria for Determining Refugee Status under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees', HCR/IP/4/Rev.1, 1979. [pp. 9-25] UNHCR, 'Position Paper on Agents of Persecution', 1998. [pp. 1-2]
Recommended UNHCR, 'The International Protection of Refugees: Interpreting Article 1 of the 1951 Convention Relating to the Status of Refugees', April 2001.
CLASS 4 ANALYSIS OF THE 1951 CONVENTION REFUGEE DEFINITION - INCLUSION CLAUSES (Continued)
Mandatory Goodwin-Gill, Guy S.: The Refugee in International Law (Second Edition), Clarendon, Oxford, 1996. [Chapter 2 Determination of Refugee Status: Analysis and Application] [pp. 32-79] Hathaway, James: The Law of Refugee Status, Butterworth, Toronto, 1991. [Chapter 5 Nexus to Civil or Political Status] [pp. 135-185]
Recommended Gender Related Persecution: An Analysis of Recent Trends (UNHCR Division of International Protection) in International Journal of Refugee Law (Autumn 1997), Special Issue (UNHCR Symposium on Gender-Based Persecution, Geneva, 22-23 February 1996), Oxford University Press, 1997. [pp. 79-113]
CLASS 5 ANALYSIS OF THE 1951 CONVENTION REFUGEE DEFINITION - EXCLUSTION CLAUSES
Mandatory Seminar Materials, Seminar for New Refugee Law Judges, International Association of Refugee Law Judges, Canada, 1999. [Chapter 4 The Convention Refugee Definition - Exclusion Clauses] [pp. 4/33-4/44] Hathaway, James: The Law of Refugee Status, Butterworth, Toronto, 1991. [Chapter 6 Cessation and Exclusion] [pp. 205-230]
Recommended Goodwin-Gill, Guy S.: The Refugee in International Law (Second Edition), Clarendon, Oxford, 1996. [Chapter 3 Loss and Denial of Refugee Status and Its Benefits] [pp. 88-114] Crimes of War Project: The Book at http://www.crimesofwar.org (1.4.2003) Ratner, Steven R.: Crimes against Peace [pp. 1-2] Bassiouni, Cherif: Crimes against Humanity [pp. 1-3] Orentlicher, Diane F.: Genocide [pp. 1-5] Ratner, Steven R.: War Crimes, Categories of [pp. 1-3] Ratner, Steven R.: Aggression [pp. 1-2]
CLASS 6 ANALYSIS OF THE 1951 CONVENTION REFUGEE DEFINITION - CESSATION CLAUSES
Mandatory Seminar Materials, Seminar for New Refugee Law Judges, International Association of Refugee Law Judges, Canada, 1999. [Chapter 4 The Convention Refugee Definition - Cessation Clauses] [pp. 4/45-4/49] Hathaway, James: The Law of Refugee Status, Butterworth, Toronto, 1991. [Chapter 6 Cessation and Exclusion] [pp. 189-204]
Recommended Goodwin-Gill, Guy S.: The Refugee in International Law (Second Edition), Clarendon, Oxford, 1996. [Chapter 3 Loss and Denial of Refugee Status and Its Benefits] [pp. 80-87]
CLASS 7 INTERVIEWING TECHNIQUES
Mandatory Refugee Interviews - Basic Questionnaire (prepared by S.J.Aiken, distributed at the Short Course on Asylum and Human Rights, American University in Cairo, 2002) [pp. 1-3]
CLASS 8 REGIONAL INSTRUMENTS CONCERNING REFUGEES
Mandatory Convention Governing the Specific Aspects of Refugee Problems in Africa, 10 Sept. 1969, 1001 U.N.T.S. 45. Cartagena Declaration on Refugees, 22 Nov. 1984, OAS/Ser.L./V/II.66, doc. 10, rev. 1.
CLASS 9 EUROPEAN INSTRUMENTS CONCERNING REFUGEES
Mandatory Communications from the Commission /to be specified/
Recommended Byrne, Rosemary & Noll, Gregor & Vedsted-Hansen, Jens: Understanding Refugee Law in an Enlarged European Union in EJIL (2004), Vol. 15 No. 2. [pp. 353-379] Guarding Standards - Shaping the Agenda: Analysis of the Treaty of Amsterdam and Present EU Policy on Migration, Asylum and Anti-Discrimination, Updated Version May 1999, Brussels, May 1999. [pp. 1-33]
CLASS 10 PROTECTION BEYOND THE GENEVA CONVENTION
Mandatory Plender, Richard & Mole, Nuala: Beyond the Geneva Convention: Constructing a de facto Right of Asylum From International Human Rights Instruments in: Nicholson, Frances & Twomey, Patrick (eds.): Refugee Rights and Realities Evolving International Concepts and Regimes, Cambridge University Press, Cambridge, 1999. [pp. 81-105] Fitzpatrick, Joan: Temporary Protection of Refugees: Elements of a Formalized Regime in AJIL (2000), Vol. 94 No. 2. [pp. 279-306] Global Consultations: Conclusions of the Cambridge Roundtable, 9-10 July 2001.
Recommended Goodwin-Gill, Guy S.: The Refugee in International Law (Second Edition), Clarendon, Oxford, 1996. [Chapter 4 Non-refoulement, pp. 117-141, 167-171]
CLASS 11 NATIONAL LEGISLATION RELATED TO REFUGEES
Mandatory Internet research specific to the country which has been assigned to you.
CLASS 12 UNHCR's MANDATE AND ITS ACTIVITIES
Mandatory Statute of the Office of the United Nations High Commissioner for Refugees, UNGA, A/RES/428, 14 Dec. 1950. Feller, Erika: Challenges to the 1951 Convention in its 50th Anniversary Year, Speech delivered at the Norrkopping Seminar, April 2001. [pp. 1-6]
Last update: NOHAVICP (07.04.2008)
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Lecture/Seminar 1/1, English Last update: NOHAVICP (07.04.2008)
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Assessment of Knowledge
The national reflections of the international refugee law: team research and presentations on different national refugee law systems. Presentation will include the facts (statistics) and the key features of chosen system explaining how it deviates from the general principles taught in connection with the Geneva Convention and the emerging EU standards (where relevant). Each team will be involved in internet research and will produce presentation and a handout for the benefit of other students (and the lecturer). Content of the research will be assessed as well as the attractiveness of the presentation for the fellow students (and the lecturer). (40%)
Individual written take-home exam: Application of acquainted knowledge to a case study. Any external tool of help will be permitted, the cooperation of students, however, will not be allowed. (60%)
Last update: NOHAVICP (15.02.2008)
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Class 1 Course Introduction, International Institutional Responses to the Refugee Problem Basic concepts of migration. Short history and causes of flight. Refugee definition in international instruments.
Class 2 The Nature of Refugee Status Determination Three core elements of refugee status determination. General principles and approaches to refugee status determination. Key principles in the interpretation of the 1951 Convention.
Class 3 Analysis of the 1951 Convention Refugee Definition - Inclusion Clauses Alienage as ?sine qua non? condition. Illegal entry to asylum state. Problem of multiple nationality and statelessness. Refugees ?sur place?. Subjective fear of persecution. Objective assessment of risk: prospective danger, past persecution, harm to similarly situated persons, contradictions with applicant?s testimony. Membership in a persecuted group as assessment of personal fear. Case study.
Class 4 Analysis of the 1951 Convention Refugee Definition - Inclusion Clauses (Continued) Persecution: risk to civil and political rights, economic and social rights: persecution distinguished from hardship, failure of state protection, agents of persecution. Nexus to civil or political status: race, citizenship, religion, political opinion, membership of particular social group. Case study.
Class 5 Analysis of the 1951 Convention Refugee Definition - Exclusion Clauses UN Protection. De facto citizenship. Crimes against peace and humanity. Serious non-political crimes. Acts contrary to UN aims and principles. Case study.
Class 6 Analysis of the 1951 Convention Refugee Definition - Cessation Clauses Re-availment of national protection. Re-acquisition of citizenship. Acquisition of new nationality. Voluntary re-establishment in the country of persecution. Changing of circumstances. Case study.
Class 7 Interviewing Techniques Basic techniques. Using an interpreter. Case study.
Class 8 Regional Instruments Concerning Refugees OAU Convention. American Conventions on Asylum of 1954. Cartagena Declaration on Refugees of 1984. European Convention on Human Rights (articles relevant to refugees).
Class 9 European Instruments Concerning Refugees Resolution on Minimum Guarantees for Asylum Seekers. London Resolutions. Joint Position on the Harmonized Application of the Refugee Definition on the Term Refugee in Article 1. Council Resolution on Unaccompanied Third Country Minors. Dublin Convention. Common European Asylum System.
Class 10 National Legislation Related to Refugees Legal protection of refugees according to national legislation. Comparative study of national legislation and international instruments.
Class 11 Protection Beyond the Geneva Convention Constructing a de facto right of asylum from international human rights instruments. The Non-Refoulement Principle. Temporary Protection. Subsidiary Protection.
Class 12 UNHCR's Mandate and Its Activities Visit to the UNHCR office in Prague. Last update: NOHAVICP (07.04.2008)
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None. Last update: NOHAVICP (07.04.2008)
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