The course is an in-depth exploration of international and European refugee law. Starting from the history of international refugee protection, the 1951 Convention and the 1967 Protocol, students will gain an understanding of the foundations and structure of international refugee law. The course will consider developing interpretations of the refugee concept and examine the legal frameworks for contemporary issues in refugee law: the conditions of refugee camps, international responsibility-sharing, the developments around the Global Compact on Refugees. Moreover, the course will look at the role of human rights law for refugee protection, with a focus on Europe and the European Convention on Human Rights (ECHR). In that connection, the situation at the external borders of the European Union will be examined. A last part of the course will turn to European Asylum Law, especially to the Dublin Regulation and legal questions that arose around Dublin returns in recent years.
The course is directed both at participants from the Law and Language program and at participants from the Specialization International Law. Accordingly, it will not require prior knowledge of international law or European Union law; however, for those coming with prior knowledge it will offer ample opportunity for applying that knowledge and delving deeper into the issues.
For an encompassing overview, you can consult The Oxford Handbook of International Refugee Law (eds: Cathryn Costello, Michelle Foster, Jane McAdam), OUP 2021.
With a focus on Europe see Violeta Moreno-Lax, Accessing Asylum in Europe: Extraterritorial Border Controls and Refugee Rights under EU Law, OUP 2017.
This shorter book is recommended for an overview on current discussions and developments: T. Alexander Aleinikoff, The Arc of Protection (SUP, 2019)
The following articles are further optional reading recommendations:
Gilbert Jaeger, On the History of the International Protection of Refugees, 83 International, Review of the Red Cross (2001) 843, 727-736.
B. S. Chimni, The Geopolitics of Refugee Studies: A View from the South, 11 Journal of Refugee Studies (1998) 4, 350.
Moria Paz, Between the Kingdom and the Desert Sun: Human Rights, Immigration, and Border Walls, 34 Berkeley Journal of International Law (2016) 1, 1-43.
James Hathaway/Thomas Gammeltoft-Hansen, Non-Refoulement in a World of Cooperative Deterrence, 53 Columbia Journal of Transnational Law (2015) 2, 235-284.