INTERNATIONAL REFUGEE AND HUMAN RIGHTS LAW
(crediti 6) [primo semestre]
Prof. José H. Fischel de Andrade
Dipartimento di diritto pubblico, processuale civile, internazionale ed europeo – Sezione di diritto internazionale e
dell’Unione europea
Course Content and Structure
This course examines the dimensions and instruments of international law to
protect refugees and other forced migrants. Its content includes an introduction to the concepts and functioning of internationallaw in general, and of international human rights law, in particular, to providestudents with the necessary tools to understand how the concern of the internationalcommunity in relation to refugees and other forced migrants translates into an
evolving set of legal norms, mechanisms and procedures.This course will consider the basic legal issues arising in all aspects of refugeeprotection, from the definition of a ‘refugee’ to the standards of treatment to durablesolutions and international cooperation, with an emphasis on the inter-connectednessof these various aspects of law.The dilemmas inherent in the protection of internally displaced persons will also bediscussed, which will allow for a thorough comparison with refugee law standardsand mechanisms.
Course Objectives
This course aims at providing participants with a conceptual framework and legalmethodology to analyze issues of refugee and human rights protection underinternational law.At the end of the course, students will be able to understand both the potential andthe limits of international law – as an operative as well as a normative system – inprotecting refugees and other forced migrants as well as to resolve challengesemerging from issues related to refugees. They will be able to analyse and articulatelegal arguments on forced migration issues and familiarize themselves with thesources of law and doctrine that serve as the basis for such arguments.
Participation, Preparation and Evaluation
Class members are expected to prepare in advance for each session. They will havethe opportunity to contribute to some of the sessions by presenting short ‘issuepapers’ assigned in advance. Students are encouraged to read materials and referencesand to consult additional primary sources of international law, in particularinternational human rights treaties.
This course will be evaluated with a written exam following the conclusion of the
class sessions.
Core readings recommended
Convention Relating to the Status of Refugees, 28 July 1951, 189 U.N.T.S. 150
[available at
Protocol Relating to the Status of Refugees, 4 October 1967, 606 U.N.T.S. 267
[available at
UNHCR, Handbook on Procedures and Criteria for Determining Refugee Status
under the 1951 Convention and the 1967 Protocol Relating to the Status of Refugees,
HCR/IP/4/Rev.1, 1979 [available at
G. Goodwin-Gill and J. McAdam, The Refugee in International Law (Oxford:
Oxford University Press, 2007)