International Refugee Law and Legal Frameworks for Asylum [2618]

General Information

• Credits: 6 ECTS
• Prerequisites: Bachelor's or Licence level (or equivalent); proficiency in French
• Learning format: asynchronous distance learning – 100% e-learning
• Language of instruction: French
• Course access: available at any time of year
• Disability liaison officer: Cécile Boucherle

Course Overview

International refugee law and the legal framework governing asylum constitute normative responses to the forced displacement of populations caused by armed conflict, persecution, large-scale human rights violations or environmental crises. In a global context marked by the intensification of these phenomena, States and international organisations face growing protection challenges. Primarily enshrined in the 1951 Geneva Convention and its 1967 Protocol, international refugee law defines the criteria for granting refugee status, the associated rights and obligations, and the central principle of non-refoulement. Asylum law, by contrast, remains a sovereign prerogative of States, which determine their own procedures for granting protection. Regional frameworks — including those of the European Union, the inter-American system and African refugee law — enhance and adapt these principles to local geopolitical circumstances.

The course provides an in-depth and critical analysis of existing protection mechanisms, highlighting their limitations and the tensions surrounding them. Particular attention is paid to contemporary issues such as climate refugees, internally displaced persons, and victims of trafficking and complex forms of persecution.

Course Objectives

This course enables you to:

• Master the main concepts of international refugee law.
• Identify the connections between refugee law and other branches of international law.
• Be familiar with the specific features and sources of international refugee law, as well as the institutional actors involved.
• Analyse contemporary issues: climate refugees, internally displaced persons, victims of trafficking, smuggling or torture.
• Draw a clear distinction between refugee status and other categories of migrants.

Course Competencies

This course is linked to the following competency:

• Apply the protection regimes specific to persons in situations of vulnerability

Course Outline

Section 1 – The Principles of Restrictive and Extensive Inclusion, Ineligibility, and Cessation

Section 2 – Determining Refugee Status

Section 3 – The Rights and Obligations of Refugees

Section 4 – The Implementation of the DIR

Section 5 – The Limitations of the DIR

Assessment Methods 

Course assessment is based on:

• tracking and completion of the course and of all learning activities. These activities, designed as essential practice and learning exercises, may be completed multiple times and are not factored into the final grade,
• the final assessment quiz, which constitutes the graded evaluation.

Learning Format

The course is taught entirely online via the MyDomuni platform, accessible 24/7.
Learning resources include:

• written course materials;
• supplementary documents and, depending on the content, video resources;
• interactive learning activities (quizzes, exercises);
• a discussion forum with the course instructor and fellow participants.

Prerequisites

This course is open to anyone holding a Bachelor's degree or Licence (or an equivalent qualification) in law, the humanities, social sciences, theology, or a related field connected to human rights, or with significant personal or academic experience related to the topics covered.

A good command of written French is recommended to facilitate understanding of the content and participation in the activities offered.

Accessibility

The course is accessible at any time, from any internet-connected device, via the MyDomuni platform.
For students with disabilities, specific support can be arranged upon request to ensure equitable access to course content and activities.

Disability liaison officer: cecile.boucherle@domuni.eu. 

Selective Bibliography

• Frances Nicholson et Patrick M. Twomey, Refugee Rights and Realities: Evolving International Concepts and Regimes, Cambridge, Cambridge University Press, 1999.
• Erika Feller, Frances Nicholson et Volker Türk, Refugee Protection in International Law: UNHCR’s Global Consultations on International Protection, Cambridge, Cambridge University Press, 2003.
• James C. Hathaway, The Rights of Refugees under International Law, Cambridge, Cambridge University Press, 2005.
• James C. Hathaway, The Law of Refugee Status, Cambridge, Cambridge University Press, 2014.