LAW4164

International refugee law and practice 406 ( 6 points, SCA Band 3, 0.125 EFTSL)

Leader: Associate Professor Susan Kneebone

Offered:
Clayton Second semester 2005 (Day)

Synopsis: Root causes of forced migration. Sources of international refugee law and the evolution of the international regime for refugee protection during the 20th century. The limits of the basic principle of asylum and non-refoulement and the application of the refugee definition in Australia and other jurisdictions. The application of the refugee definition to particular groups of applicants, such as gender or culturally based groups. Procedures for detention and determination of refugee status in Australia compared with other jurisdictions. Modifications of the Refugees Convention including international burden sharing agreement and proposals to reformulate the refugee protection regime.

Objectives: Upon completion of this subject, students should: 1) understand the background and nature of international refugee law; 2) have detailed knowledge of the international instruments applicable to asylum seekers, including the Refugees Convention; 3) understand the causes of forced migration and current international policies towards such migration; 4) be able to compare international responses to forced migration with the application of the Refugees Convention; 5) understand and be able to evaluate the application of theories of justice in relation to asylum seekers; 6) understand and be able to evaluate the competing theories of universal human rights and cultural relativism in relation to refugees; 7) have acquired detailed knowledge of the concept of a 'refugee' under the Refugees Convention and of the various elements of the definition; 8) be able to evaluate Australia's practices towards refugee applicants and application of the Refugees Convention by comparing them with those of other jurisdictions; 9) understand and be able to evaluate measures adopted to modify the Refugees Convention; 10) have further developed legal research, writing and legal argument skills by undertaking systematic research, including empirical research and the application of theory, into issues relating to international refugee law; 11) have further developed skills of oral presentation and argumentation in an interactive class context and 12) have further developed practical skills through the optional placement scheme

Assessment: Research assignment (5,000 words): 60% + Examination (1 hour writing time plus 10 minutes reading time): 40%.

Contact Hours: Three hours of lectures per week

Prerequisites: LAW1100 Legal process OR LAW1101 Introduction to legal reasoning and LAW1102 Law in society

Corequisites: LAW3100/3101 Administrative Law