LAWPUBL 413 Protecting Refugees and Forced Displacement in the 21st Century: Contemporary Law and Practice - Course Outlines

Course Prescription

Detailed study of contemporary law and practice relating to the protection of refugees and forcibly displaced people. The intersection of international law with other disciplines, including international relations, development, peace and security, and social studies, provides a broad base to understand applicable legal, political and social policies and discourse to protect displaced people in the twenty-first century.

Course Overview

Globally, persecution, conflict, war, and climate change are causing record numbers of refugees and others to be forcibly displaced from their homes and countries. The burden for their protection is falling disproportionately on some states whilst others erect increasingly sophisticated obstacles to avoid or deflect their own responsibilities. In many states, anti-immigrant rhetoric and hostile nativist nationalism are providing the fuel for draconian states’ policies and practices to keep people away from their borders. As a result, the humanitarian plight of displaced people is increasingly fragile as the traditional principles, structures and systems of humanitarian protection are eroded and struggle to cope.

This specialised elective course will:

(a) trace the historical principles, legal instruments and practices developed to protect refugees and other forcibly displaced persons;

(b) with particular reference to ‘real time’ case studies, examine contemporary and emerging forms of forced displacement in the 21st Century, including internal displacement, statelessness, and environmental and climate- driven factors;

(c) examine critically the responses taken by states to manage, and often, their responsibilities to protect forcibly displaced people;

(d) examine the adequacy and shortcomings in the current global regime for protection and explore proposals that would better protect people and also the address the legitimate concerns of states affected

The course will draw on international, regional, and national legal sources including refugee, international humanitarian, and human rights law and will examine through real case studies the social and geopolitical context in which these laws are situated. The course will equip students with a broad overview of contemporary law and policy relating to forced displacement and will situate New Zealand within a broader regional and global context.

Course Requirements

Prerequisite: 30 points at Stage II in Global Politics and Human Rights or LAW 201, 211, 231, 241

Learning Outcomes

By the end of this course, students will be able to:

Recognise and critically analyse the legal foundations, principles and structures of the international system to protect forcibly displaced people. (Capability 1.2, 2.1, 3.1, 3.2 and 4.1)
Identify and discuss critically, the contemporary challenges to achieve an equitable distribution of responsibility and its effectiveness in protecting displaced people, particularly women and children. (Capability 3.1, 3.2, 4.1 and 5.1)
Articulate analyse and defend viable options to improve the international system of protection for displaced people in the 21st Century, and the place of New Zealand in that wider system. (Capability 3.2, 4.1 and 5.1)
Construct through self-directed and collaborative learning, creative reasoned positions on contemporary forced displacement challenges both globally and in the Pacific region. (Capability 2.1, 3.2, 4.1, 4.2, 5.1, 6.1, 7.1 and 8.1)

Assessments

Assessment Type	Percentage	Classification
Quiz	10%	Individual Coursework
Assignment	50%	Individual Coursework
Practical case studies	20%	Individual Coursework
Class participation	20%	Group & Individual Coursework
4 types	100%

Assessment Type	Learning Outcome Addressed
	1	2	3	4
Quiz
Assignment
Practical case studies
Class participation

The Course will be assessed by

(i) a short quiz (10%) in the early part of the Course; (ii) A short written analysis and graphic submission of a practical case study (20%); (iii) a ‘take-home’ summative written assignment of 3,500-4,000 words (50%) to be completed between 25 January and 8 February 2024; (iv) an assessment (20%) will be made of students’ active attendance and participation demonstrated throughout the course.

Workload Expectations

This is a Summer School, 15-point course. There will be around 24 hours of lectures in this course. As a general guide, you should expect a workload of five hours outside of the classroom for each hour spent in class. The guideline for the total workload for this course is 150 hours.

Delivery Mode

Campus Experience

Attendance is expected at scheduled activities to complete components of the course. Students will be expected to attend all classes and to complete watch/read asynchronous materials before in-person classes.
Lectures will be available as recordings. Other learning activities including discussions and presentations will not be available as recordings. Some asynchronous materials will be available before and after class.
The activities for the course are scheduled as a Summer Intensive course.

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Students will be expected to complete watch/read asynchronous materials before in-person classes and be prepared to discuss themes and questions identified for each Session.

Highly recommended readings for this course:

(i) The Office of the United Nations High Commissioner for Refugees (UNHCR): People Forced to Flee: History, Change and Challenge (OUP, 2022)

(ii) James C Hathaway and Michelle Foster, The Law of Refugee Status, Second edition (CUP, 2014)

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

Feedback has been taken into account for this year and more weighting given to student participation.

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework, tests and examinations as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. A student's assessed work may be reviewed against electronic source material using computerised detection mechanisms. Upon reasonable request, students may be required to provide an electronic version of their work for computerised review.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and your assessment is fair, and not compromised. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator, and if disruption occurs you should refer to the University Website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.

Capability 1:	People and Place
Capability 2:	Sustainability
Capability 3:	Knowledge and Practice
Capability 4:	Critical Thinking
Capability 5:	Solution Seeking
Capability 6:	Communication
Capability 7:	Collaboration
Capability 8:	Ethics and Professionalism

LAWPUBL 413 : Protecting Refugees and Forced Displacement in the 21st Century: Contemporary Law and Practice

Law

2025 Summer School (1250) (15 POINTS)