Introductory description

There are, approximately, 26 million refugees in the world today, the highest number in contemporary history (UNHCR 2020). Understanding who is a refugee, why some people need international protection, and what such protection involves is, therefore, of central importance to scholars, lawyers, activists and, of course, to States.

This module focuses on the 1951 Convention Relating to the Status of Refugees (as amended) (the CSR). The CSR provides the core, international legal definition of a refugee. It then sets out the obligations States have to those who meet that definition. Having introduced students to International Refugee Law (IRL) as a sub-field of Public International Law (PIL), the module delves into the CSR’s refugee definition. Students will explore the definition in detail, considering when those who have, for example, fled conflict, the climate crisis, and gender-based violence may, or may not, be recognised as refugees.

The module then shifts from the international to the regional, as we consider how the CSR’s definition has been expanded in two regions, first by the Convention Governing the Specific Aspects of Refugee Problems in Africa (1969) and second, by the Cartagena Declaration on Refugees (1984). We also consider refugee protection in the EU. Within the EU, attempts have been made to harmonise refugee law and policy, but the use of increasingly restrictive enforcement measures have had extremely serious consequences for those seeking international protection, in addition to breaching regional and international law.

Having analysed the criteria for Convention refugee status and regional refugee protection, we examine the norm of non-refoulement: the prohibition on returning people to situations where their right to life, or to other fundamental rights, may be violated. We then consider the subsidiary and complementary protection that may be given to those who are protected from refoulement, in the EU, and beyond.

The module ends with a consideration of asylum in the UK. We will discuss domestic legislation and relevant immigration rules, as well as how claims are determined. A range of critical approaches to refugee law are brought together, for a final discussion of the potential, and limits, of the law on international protection to protect people from persecution and other forms of serious harm.

This module is cumulative, building week on week, to provide a comprehensive overview of the international protection regime. The introductory weeks will, therefore, raise issues that will be returned to throughout the course, with students gaining greater understanding as the term progresses.

Module web page

Module aims

Outline syllabus

This is an indicative module outline only to give an indication of the sort of topics that may be covered. Actual sessions held may differ.

What is International Law? What are its sources, and how is it enforced? What is International Refugee Law?

The Convention Refugee I: Understanding and applying the refugee definition

The Convention Refugee II: Women, Gender-Based Violence and the Refugee Definition

Regional Refugee Protection I: The African and Inter-American Systems

Regional Refugee Protection II: The EU’s Common European Asylum System

Non-refoulement I: The CSR and International Human Rights Law

Non-refoulement II: Access to Protection. Why are people forced to make dangerous journeys?

National Refugee Protection: Asylum in the UK.

Critical Reflections and Final Questions

Learning outcomes

By the end of the module, students should be able to:

• Have an understanding of the sources of International Law, and of International Refugee Law.
• Be confident reading and engaging with international instruments, EU Directives, and relevant case law.
• Have a strong grounding in International Refugee Law, and the international protection regime.
• Understand how refugees are protected by regional instruments and human rights systems.
• Draw upon critical approaches to refugee protection, including feminist, TWAIL (Third-World) and post-colonial approaches to international law.
• Apply key legal definitions and concepts to situations and problems.
• Research, discuss and write on refugee/asylum issues, drawing on a range of legal and non-legal material to do so.
• Use libraries and electronic sources to find relevant primary and secondary sources, legal and non-legal materials.
• Present arguments orally in class.
• Research independently in preparation for seminars and assessed work.

Indicative reading list

View reading list on Talis Aspire

Subject specific skills

No subject specific skills defined for this module.

Transferable skills

No transferable skills defined for this module.