International Human Rights Law

Module title	International Human Rights Law
Module code	LAWM671
Academic year	2021/2
Credits	30
Module staff	Dr Christine Bicknell (Convenor)

Duration: Term	1	2	3
Duration: Weeks	11

Number students taking module (anticipated)	20

Module description

This module focuses on the various ways in which international law has responded since 1945 to the challenges posed by such violations and to the calls for the universal protection of human rights. The module has been designed with future practitioners and academics in mind. It will introduce you to, and provide a critical analysis of, the legal regime of promotion and protection of human rights at the international level. You will become equipped with an understanding of the various mechanisms operating at the international level to protect and address human abuses. In addition, we will explore the role of key actors who engage at this level, including states, NGOs, and national human rights institutions, and the role they play particularly in respect of implementation. Overall, you will acquire an in-depth knowledge of the rules, institutions, and processes of international human rights law as well as the ability to identify the gaps, opportunities, and challenges present in the contemporary international and regional human rights systems.

Module aims - intentions of the module

The aim of the module is to provide you with the opportunity to learn about and critically assess the major substantive and procedural aspects of international human rights law. The approach is practical, case-based, and discursive. The module will enable you to look in more detail at the issues generated by the internationalization, legalization and politics of human rights. The module will also give you the opportunity to consider contemporary challenges facing the human rights system including the extraterritorial obligations, hierarchy in human rights law, problems of interpretation, accountability mechanisms, the role of non-State actors and the issue of responding to large-scale human rights violations.

Intended Learning Outcomes (ILOs)

ILO: Module-specific skills

On successfully completing the module you will be able to...

1. demonstrate deep and systematic knowledge and understanding of the nature of human rights in international law;
2. undertake complex critical evaluation of the major contemporary issues in the field of the protection of human rights at the international and the regional levels, using specialist literature and current research;
3. demonstrate deep and critical understanding of the procedural and substantive law of the relevant international bodies responsible for the supervision of States' obligations;
4. critically evaluate the role of the State and non-State actors in international human rights law;

ILO: Discipline-specific skills

On successfully completing the module you will be able to...

5. undertake complex critical evaluation of the place of human rights in international law;
6. demonstrate flexible and innovative capacity to analyse complex legal problems, identify the relative significance of applicable rules and principles, and select appropriate methods for investigating and critically evaluating them;
7. demonstrate detailed and comprehensive knowledge and understanding of legal concepts relevant to human rights and critical awareness of their social and political implications;

ILO: Personal and key skills

On successfully completing the module you will be able to...

8. present, explain and critically evaluate a range of substantive and theoretical arguments through assessments and learning sessions;
9. identify, retrieve and use the full range of available resources efficiently and autonomously; and
10. work independently and effectively, and to manage time efficiently in preparing for scheduled learning activities and assessments.

Syllabus plan

Whilst the module’s precise content may vary from year to year, it is envisaged that the syllabus will cover the following topics in the order indicated:

Nature and Development of Human Rights in International Law
Global standard–setting
Regional standard-setting
Legal accountability for Human Rights I – Interpretation
Legal accountability for Human Rights II – Human Rights Treaty Bodies
Responses to gross violations – responsibility to protect
UN Charter-Based Supervision
Emerging Challenges – The Role of Non-State actors
Reporting from Treaty Body observation and wrap up

Learning activities and teaching methods (given in hours of study time)

Scheduled Learning and Teaching Activities	Guided independent study	Placement / study abroad
36	264	0

Details of learning activities and teaching methods

Category	Hours of study time	Description
Scheduled Learning and Teaching Activities	3	Three-hour lecture which will introduce the subject matter of the module and will provide the foundation for guided independent study.
Scheduled Learning and Teaching Activities	33	11 x three hour lecturer-led seminars. You will be expected to make at least one presentation during the course of the seminar programme.
Guided independent study	80	Reading assignments
Guided independent study	114	Essay and oral presentation preparation: conducting research and writing the finished product (36 hours per item, 108 hours total)
Guided independent study	70	Preparation for the examination

Formative assessment

Form of assessment	Size of the assessment (eg length / duration)	ILOs assessed	Feedback method
Individual presentation of a critical commentary	15 minutes (approx.)	1-10	Oral feedback from the lecturer and other students
Essay	1,500 words	1-10	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	7,500 words	1-10	Written feedback

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 (7,500 words)	1-10	August/September reassessment period

Indicative learning resources - Basic reading

Michael K. Addo (ed), International Law of Human Rights (Aldershot) 2005

Olivier De Schutter, International Human Rights Law. Cases, Materials, Commentary (CUP) 2010

Daniel Moeckli, Sangeeta Shah & Sandesh Sivakumaran (eds), International Human Rights Law (OUP) 2010

Philip Alston and Ryan Goodman, International Human Rights (OUP) 2013

Rhona K. M. Smith, Texts and Materials on International Human Rights, 3rd ed (Routledge) 2013

Indicative learning resources - Web based and electronic resources

Human rights documents and materials: http://www1.umn.edu/humanrts/

UN Documentation: Human Rights: http://research.un.org/en/docs/humanrights

Universal Human Rights Index: http://uhri.ohchr.org/

Office of the High Commissioner for Human Rights: http://www.ohchr.org/

European Convention on Human Rights website: http://human-rights-convention.org/

European Court of Human Rights: http://www.echr.coe.int/

Inter-American Court of Human Rights: http://www.corteidh.or.cr/

African Court on Human and Peoples’ Rights: http://www.african-court.org/

American Society of International Law Electronic Resource Guide on International Human Rights: http://www.asil.org/erg/?page=ihr

Indicative learning resources - Other resources

Rosalyn Higgins, Problems & Process: International Law and How We Use It (Clarendon) 1994

Philip Alston and James Crawford (eds.), The Future of UN Human Rights Treaty Monitoring (CUP) 2000

Philip Alston and Mary Robinson (eds), Human Rights and Development: Towards Mutual Reinforcement (OUP) 2005

Andrew Clapham, Human Rights Obligations of Non-State Actors (OUP) 2006

Christian Tomuschat, Human Rights. Between Idealism and Realism (OUP) 2008

Adam McBeth, Justine Nolan, Simon Rice, The International Law of Human Rights (OUP) 2011

Michael Haas, International Human Rights, 2nd ed (Routledge) 2013

Key words search

International law; International humanitarian law; Human rights; Civil and political rights; Economic and social rights; United Nations

Credit value	30
Module ECTS	15
Module pre-requisites	None
Module co-requisites	None
NQF level (module)	7
Available as distance learning?	No
Origin date	01/10/2003
Last revision date	13/08/2020