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Unit information: Migration Law and Policy - International, European, and Human Rights Dimensions in 2016/17

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Unit name Migration Law and Policy - International, European, and Human Rights Dimensions
Unit code LAWDM0112
Credit points 30
Level of study M/7
Teaching block(s) Teaching Block 4 (weeks 1-24)
Unit director Professor. Acosta Arcarazo
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

Description

The unit explores the international, European and human rights dimensions of migration law and policy, including immigration and asylum law and policy, and is divided into two main parts. The first part discusses immigration, including the relevant provisions of the Lisbon Treaty, directives, the case-law of the European Court of Human Rights, as well as the provisions and practice of other treaty systems (International Covenant on Civil and Political Rights, Migrant Workers Convention). The second part focuses on the status and rights of refugees in European and international law and discusses, in particular, the 1951 Geneva Convention Relating to the Status of Refugees and the 1967 Protocol, the practice of the UNHCR, the EU directives, the Dublin system and the case-law of the European Court of Human Rights. Particular attention will be given to issues relating to war refugees, including in particular Syrian refugees, as well as to the management of migration flows arriving in Europe from North Africa.

Aims:

  1. To discuss the general principles and methods of immigration and refugee law.
  2. To discuss migration both in terms of law and in terms of policy in the international, European, and human rights dimensions
  3. To understand the particular features of the Geneva Convention Relating to the Status of Refugees and the UNHCR
  4. To understand the impact of human rights jurisprudence on immigration/refugee law and policy
  5. To understand and discuss case-law on immigration law.
  6. To understand the EU law framework on Migration.

Intended learning outcomes

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.
  7. show a good understanding of the legal and policy issues involved in the protection of war refugees
  8. show a good understanding of the implications of increased migration pressures onn the law and policy of the European Union

Teaching details

The contact hours for this unit will be 30 hours. This will usually take the form of: 8 lectures, 10 two-hour seminars and 2 assessment preparation and feedback sessions.

Assessment Details

Summative: a 2000 word essay (33%) will assess the candidate's ability to research a topic within the scope of this unit. The remaining Intended Learning Outcomes will be assessed in a 3 hour written examination (67%). Both assessments will assess all of the Intended Learning Outcomes for this unit in the context of topics selected by the examiners.

Formative: students should do one formative assessment (this will usually be 1 x 1500 word essay).

Reading and References

1. K.Hailbronner, European Immigration and Refugee Law Commentary, Beck/Hart, 2010); 2nd edition 2015 (forthcoming)

2. S. Peers, EU Justice and Home Affairs Law, (3rd edition, OUP 2011)

3. R. Cholewinski/R. Perruchoud/E. MacDonald, International Migration Law Developing Paradigms and Key Challenges, (Asser Press 2007)

4. A. Zimmermann, The 1951 Convention Relating to the Status of Refugees and its 1967 Protocol: A Commentary (Oxford Commentaries on International Law, OUP 2011)

5. J. Hathaway, The Rights of Refugees under International Law (CUP, 2005)

6. Guy Goodwin-Gill/Jane McAdam, The Refugee in International Law (3nd edition, OUP 2007)

7. E. Feller/V. Tuerk/F. Nicolson (eds.), Refugee Protection in International Law UNHCRs Global Consultations on International Protection (UNHCR, CUP, 2003)

Further reading:

8. D. Acosta Arcarazo, The Long-Term Residence Status as a Subsidiary Form of EU Citizenship. An Analysis of Directive 2003/109 (Martinus Nijhoff, Leiden, 2011).

9. A. Baldaccini, E. Guild, H. Toner (eds), Whose freedom, security and justice? : EU immigration and asylum law and policy (Hart, Oxford, 2007).

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