| Unit name | International and European Immigration and Refugee Law |
|---|---|
| Unit code | LAWDM0077 |
| Credit points | 30 |
| Level of study | M/7 |
| Teaching block(s) |
Teaching Block 4 (weeks 1-24) |
| Unit director | Emeritus Professor. Achilles Skordas |
| Open unit status | Not open |
| Pre-requisites |
None |
| Co-requisites |
None |
| School/department | University of Bristol Law School |
| Faculty | Faculty of Social Sciences and Law |
The unit explores the international, European and human rights dimensions of immigration and refugee law and is divided into two main parts. The first part deals with immigration under EU law and international law, including the relevant provisions of the EC Treaty, the relevant directives, the Schengen system, the case-law of the European Court of Human Rights and the practice of other treaty systems (International Covenant on Civil and Political Rights) and organisations (WTO, ILO). The second part focuses on the status and rights of refugees in European and international law and deals, in particular, with the 1951 Geneva Convention Relating to the Status of Refugees and 1967 Protocol; the practice of the UNHCR; the EU directives, the Dublin system and the case-law of the European Court of Human Rights. The units also deals with policy options related to the management of migration flows, including questions of labour migration and intergration. It is recommended that students take this unit only if they have previously studied international law and EU law.
Aims:
1. To discuss the general principles and methods of immigration and refugee law
2. To understand the particular features of the Geneva Convention Relating to the Status of Refugees and the UNHCR
3. To understand the impact of human rights jurisprudence on immigration/refugee law and policy
4. To understand and discuss case-law on immigration and refugee law
5. To understand the particular relationship of civil society organizations and advocacy groups with the development of the immigration and refugee law.
By the end of this unit, students are expected to be able to:
1. demonstrate a sound understanding of the different levels of regulation of immigration and refugee matters (international, European, municipal)
2. demonstrate a good understanding of the fragmentation of immigration and refugee law, and the implications thereof
3. show a good understanding of how the European integration process leads to the imperfect and incomplete regulation of immigration and refugee law
4. make a reasoned critique of the case-law of the European Court of Human Rights, and be able to process complex issues
5. show a firm grasp of the important legal principles in the field of immigration and refugee law and be able to apply them accurately to offer reasoned solutions to hypothetical problem questions
6. show a good understanding of the role of the globalization process in the increase of immigration and refugee flows
Two-hour seminars (ten)
One formative essay
A 3-hour written exam
1. J. Hathaway, The Rights of Refugees under International Law (CUP, 2005)
2. K. Hailbronner, European Immigration and Refugee Law Commentary (Hart, 2010 forthcoming)
3. Guy Goodwin-Gill/Jane McAdam, The Refugee in International Law (3nd edition, OUP 2007)
4. Ryszard Cholewinski/Richard Perruchoud/Euan MacDonald, International Migration Law Developing Paradigms and Key Challenges, Asser Press, 2007
5. E. Feller/V. T�rk/F. Nicolson (eds.), Refugee Protection in International Law UNHCRs Global Consultations on International Protection (UNHCR, CUP, 2003)
6. Steve Peers, EU Justice and Home Affairs Law, 2nd edition, OUP, 2006
