The Law of Internal Displacement
| Module title | The Law of Internal Displacement |
|---|---|
| Module code | LAWM149 |
| Academic year | 2022/3 |
| Credits | 30 |
| Module staff | Dr Ben Hudson (Convenor) |
| Duration: Term | 1 | 2 | 3 |
|---|---|---|---|
| Duration: Weeks | 11 |
| Number students taking module (anticipated) | 20 |
|---|
Module description
The world faces the greatest internal displacement crisis it has ever known. The total global figure of internally displaced persons (IDPs) far surpasses the number of refugees worldwide, with close to 50 million people having been forced or obliged to flee or leave their homes as a result of conflict and violence, and millions more displaced by, inter alia, natural and human-made disasters.
The Law of Internal Displacement module provides a captivating advanced introduction to this dynamic area of law. The module examines the causes and consequences of internal displacement, with particular focus placed on the laws intended to protect IDPs, to resolve situations of internal displacement, and to prevent unlawful internal displacement from occurring in the first instance. It exposes you to a real breadth of legal, policy and institutional responses to internal displacement, and consciously encourages critique in the light of continuing internal displacement at a seemingly ever-increasing rate.
You should take this module if you are interested in matters concerning the global movement of persons, particularly forced migration; international law; and the protection of human rights at the international, regional and domestic levels.
Module aims - intentions of the module
The module is a distinct offering here at Exeter Law School – indeed, very few other Law Schools offer such a module. As such, studying the module will give you a comparative advantage against LLM students at other institutions. World-leading research and insights are embedded into the design and content of the module, meaning you will receive a cutting-edge education on this issue of truly global importance. The module is research-enriched not only in respect to the content covered but also in respect to its learning approach, with student-led research at its core. As well as providing you with detailed knowledge and understanding of internal displacement’s legal, conceptual and political characteristics, the module is brought to life by pertinent contemporary case study examples from around the world. The module is filled with opportunities for discussion and debate, and time is dedicated to supporting you to produce high-quality written work.
Intended Learning Outcomes (ILOs)
ILO: Module-specific skills
On successfully completing the module you will be able to...
- 1. demonstrate accurate knowledge and understanding of the causes and consequences of internal displacement in a range of contexts;
- 2. demonstrate detailed knowledge and critical understanding of the law pertaining to internal displacement, at the international, regional and (selected) domestic levels;
- 3. demonstrate awareness and nuanced understanding of the legal, conceptual, political and social complexities and tensions associated with internal displacement.
ILO: Discipline-specific skills
On successfully completing the module you will be able to...
- 4. develop, apply and critically assess legal arguments, using a wide range of appropriate primary materials and advanced scholarship;
- 5. select, synthesise and critically assess the existence, application and implementation of normative provisions in specific contexts.
ILO: Personal and key skills
On successfully completing the module you will be able to...
- 6. articulate and debate complex legal and conceptual content;
- 7. produce analytically compelling, research-informed work that presents a persuasive and appropriately nuanced argument on a topic relevant to a theme or themes covered on the module;
- 8. work independently, efficiently managing your time in the preparation of scheduled learning activities and assessments.
Syllabus plan
Whilst the precise content may vary from year to year, it is envisaged that the syllabus will cover all or some of the following topics:
- Internal displacement as a legal concept and lived reality.
- Contemporary case studies of internal displacement in times of conflict, disaster and other contexts.
- The intersections of internal displacement with international human rights law, international humanitarian law and international criminal law.
- The development and implementation of international, regional and domestic frameworks specific to internal displacement, in particular, the 1998 United Nations Guiding Principles on Internal Displacement and the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (the Kampala Convention).
- Institutional responses to internal displacement, including in emergency settings.
- The role of the United Nations Special Rapporteur on the Human Rights of Internally Displaced Persons.
- Durable solutions to internal displacement.
- Challenges, limitations and future developments in the field.
Learning activities and teaching methods (given in hours of study time)
| Scheduled Learning and Teaching Activities | Guided independent study | Placement / study abroad |
|---|---|---|
| 33 | 267 |
Details of learning activities and teaching methods
| Category | Hours of study time | Description |
|---|---|---|
| Scheduled learning and teaching activities | 22 | 11 x 2 hour seminars |
| Scheduled learning and teaching activities | 8 | 8 x 1 hour sessions that focus on legal academic skills, Q&A, topical issues, consolidation, etc. |
| Scheduled learning and teaching activities | 3 | Attendance at events hosted by relevant Law School research centres / networks, namely: Exeter Centre for International Law Routes Human Rights and Democracy Forum |
| Guided independent study | 176 | Preparation for scheduled learning and teaching sessions (including pre-reading and the completion of learning activities). |
| Guided independent study | 91 | Assessments preparation |
Formative assessment
| Form of assessment | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|
| Individual seminar presentation | 15 minutes | 1-8 | Individual oral and written feedback, plus peer oral feedback |
| Essay plan (including list of indicative source materials) | 1,000 words | 1-8 | Individual oral and written feedback |
Summative assessment (% of credit)
| Coursework | Written exams | Practical exams |
|---|---|---|
| 100 | 0 | 0 |
Details of summative assessment
| Form of assessment | % of credit | Size of the assessment (eg length / duration) | ILOs assessed | Feedback method |
|---|---|---|---|---|
| Essay | 100 | 3,000 words | 1-8 | Individual written feedback (with oral feedback upon request) |
Details of re-assessment (where required by referral or deferral)
| Original form of assessment | Form of re-assessment | ILOs re-assessed | Timescale for re-assessment |
|---|---|---|---|
| Essay | Essay (3,000 words) | 1-8 | August/September re-assessment period |
Indicative learning resources - Basic reading
- Beyani C, Human Rights Standards and the Free Movement of People Within States (Oxford University Press 2000).
- Fiddian-Qasmiyeh E, Loescher G, Long K and Sigona N (eds), The Oxford Handbook of Refugee and Forced Migration Studies (Oxford University Press 2014).
- Hudson B and Ní Ghráinne B, ‘Enhancing State-to-State Dialogue on Internal Displacement: Current Global Fora and Future Prospects’ (2020) 39(4) Refugee Survey Quarterly 425.
- Ní Ghráinne B, Internally Displaced Persons and International Refugee Law (Oxford University Press 2022).
- Orchard P, Protecting the Internally Displaced: Rhetoric and Reality (Routledge 2018).
- Phuong C, ‘Internally Displaced Persons and Refugees: Conceptual Differences and Similarities’ (2000) 18(2) Netherlands Quarterly of Human Rights 215.
- Phuong C, The International Protection of Internally Displaced Persons (Cambridge University Press 2005).
- Weiss T G and Korn D A, Internal Displacement: Conceptualization and its Consequences (Routledge 2006).
Indicative learning resources - Web based and electronic resources
- ELE – College to provide hyperlink to appropriate pages
- Internal Displacement Monitoring Centre: www.internal-displacement.org
- Refugee Law Initiative: rli.sas.ac.uk
- UN Office of the High Commissioner for Human Rights: www.ohchr.org/EN/pages/home.aspx
- UN Special Rapporteur on the Human Rights of Internally Displaced Persons: www.ohchr.org/en/issues/idpersons/pages/idpersonsindex.aspx
Indicative learning resources - Other resources
- African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) (23 October 2009) Ext/Assembly/AU/PA/Draft/Decl.(I) Rev.1.
- International Covenant on Civil and Political Rights (adopted 16 December 1966, entered into force 23 March 1976) 999 UNTS 171.
- International Covenant on Economic, Social and Cultural Rights (adopted 16 December 1966, entered into force 3 January 1976) 993 UNTS 3.
- UN Commission on Human Rights, ‘Report of the Representative of the Secretary-General, Mr Francis M Deng, submitted pursuant to Commission resolution 1997/39: Addendum: Guiding Principles on Internal Displacement’ (11 February 1998) UN Doc E/CN.4/1998/53/Add.2.
| Credit value | 30 |
|---|---|
| Module ECTS | 15 |
| NQF level (module) | 7 |
| Available as distance learning? | No |
| Origin date | 14/03/2022 |
| Last revision date | 14/03/2022 |