SOC008 International Refugee Law

Faculty of Law
Autumn 2007
Extent and Intensity
0/2. 6 credit(s). Type of Completion: zk (examination).
Teacher(s)
prof. JUDr. Dalibor Jílek, CSc. (lecturer)
PhDr. Radoslava Šopovová (lecturer)
Guaranteed by
prof. JUDr. Dalibor Jílek, CSc.
Department of International and European Law – Faculty of Law
Contact Person: Hana Brzobohatá
Prerequisites
Basic knowledges of the theory of law, statehood and human rights law.
Course Enrolment Limitations
The course is only offered to the students of the study fields the course is directly associated with.
fields of study / plans the course is directly associated with
Course objectives
Freedom of movement is one of milestones of refugee law but in this context it is manifested as the harsh deformation. Since the movement should be a reflection of the free decision and not an enforced act of an individual who flees involuntarily beyond the borders of his country of origin. The reasons for the enforced departure can be seen in the persecution as the absence of de iure or de facto protection of the state and the existence of serious human rights violations as well as the war and disasters. International and domestic law offer different forms of protection: asylum and temporary protection. The asylum as an authoritative act of the state can be of territorial, diplomatic or political forms while the temporary protection is limited in time and structure (residence, health care, shelter and boarding, or work permit) because it enables minimum existence in the territory of the receiving state. The asylum provides security against refoulement, deportation, it provides the protection against the personal jurisdiction of the country of origin but also the right to permanent residence with other benefits. The asylum in the sense of the human right, as regulated in 1969 American Convention on Human Rights, limits the discretion of the state and imposes an obligation of providing international protection if the conditions for the rule are met. The course can mediate the multicultural world in its richness but also show the problems of integrating and assimilating recognised asylum-seekers. Moreover, it reveals different interpretation of the key provisions under the 1951 Geneva Convention and the 1967 New York Protocol relating to the Status of Refugees with the aim of provoking critical legal reasoning and the ability to find adequate interpretation.
Syllabus
  • 1. Definition of refugees 1.1. Evolution of the refugee definition in international instruments 1922-46 1.2. Analysis of the refugee definition incorporated in the 1951 Convention and the 1967 Protocol relating to the status of refugees 2. The principle of non-refoulement 2.1. Ratione personae of the principle 2.2. Ratione temporis of the principle 2.3. Ratione loci of the principle 3. The concept of asylum 3.1. The inter-state dimension 3.2. The human dimension 4. Refugees and asylum seekers and the 1950 European Convention on Human Rights 4.1. Article 3 of the European Convention 4.2. Article 8 of the European Convention.
Literature
  • HATHAWAY, James C. The law of refugee status. Toronto: Butterworths, 1996, xxxiii, 25. ISBN 0-409-91479-7. info
Assessment methods (in Czech)
Lectures are held for a minimum of 5 students. With smaller number of students attending the course, lectures are replaced with tutorials. Reading list will be given by the course co-ordinator at the fist lecture or tutorial. The examination has a written and an oral part. Examination - credit requirements: 1. Semester paper 2. Solution of a case 3. Discussion on the semester paper
Language of instruction
English
Further Comments
The course is taught each semester.
The course is taught: every week.
The course is also listed under the following terms Spring 2003, Autumn 2003, Spring 2004, Autumn 2004, Spring 2005, Autumn 2005, Spring 2006, Autumn 2006, Spring 2007, Spring 2008.
  • Enrolment Statistics (Autumn 2007, recent)
  • Permalink: https://is.muni.cz/course/law/autumn2007/SOC008