International Law and Humanitarian Governance

HCRI30122 International Law and Humanitarian Governance 20 Semester 2 Undergraduate Level 3 Miriam Bradley Unit coordinator Humanitarian Conflict Response Institute 1 FHEQ level (Framework for Higher Education Qualifications) ' Last part of a Bachelors ' European Credit Transfer & Accumulation System Rating : 10.0 International law imposes obligations and constraints on states and other actors, and some bodies of international law are of particular relevance for humanitarian governance and response. For example, international humanitarian law sets limits on how hostilities can be conducted, and provides a legal basis for impartial humanitarian response, in both international and non-international armed conflicts. International refugee law stipulates a number of rights for people who have been forced to flee their country. Compared with domestic law, however, international law has relatively weak enforcement mechanisms.  We ask, how does international law facilitate humanitarian response in different kinds of crisis? What protections does international law offer for the victims of different kinds of crisis? How can humanitarian actors use international law in their work? How effective is international law? What factors determine whether states (and other actors) comply with international law? How is international law enforced? How does international law interact with politics to determine outcomes for the victims of humanitarian crises?    Addressing these questions, this course explores the theory, politics and practice of international law in the field of humanitarian governance. The course will introduce students to key concepts in international law and debates surrounding the relationship between law, politics, and humanitarian outcomes. Students will have the opportunity to analyse concrete legal cases and will be encourages to think critically about the function of law in international humanitarianism.  International law imposes obligations and constraints on states and other actors, and some bodies of international law are of particular relevance for humanitarian governance and response. For example, international humanitarian law sets limits on how hostilities can be conducted, and provides a legal basis for impartial humanitarian response, in both international and non-international armed conflicts. International refugee law stipulates a number of rights for people who have been forced to flee their country. Compared with domestic law, however, international law has relatively weak enforcement mechanisms.  We ask, how does international law facilitate humanitarian response in different kinds of crisis? What protections does international law offer for the victims of different kinds of crisis? How can humanitarian actors use international law in their work? How effective is international law? What factors determine whether states (and other actors) comply with international law? How is international law enforced? How does international law interact with politics to determine outcomes for the victims of humanitarian crises?    Addressing these questions, this course explores the theory, politics and practice of international law in the field of humanitarian governance. The course will introduce students to key concepts in international law and debates surrounding the relationship between law, politics, and humanitarian outcomes. Students will have the opportunity to analyse concrete legal cases and will be encourages to think critically about the function of law in international humanitarianism.  This unit aims to:<ul><li>Provide students with the analytical tools and empirical knowledge to understand how the main bodies of international law with relevance for international humanitarianism function in theory and practice</li><li>Critically engage with different theoretical approaches to explain why states and other actors do (and do not) comply with international law</li><li>Provide a broad understanding of the main principles and rules that underpin international humanitarian law and international refugee law</li><li>Assess how well international law serves humanitarian and refugee protection goals  </li><li>Enable students to engage in critical discussion and debate on the role of international law in humanitarian governance </li></ul> Students will develop analytical and critical thinking skills through engaging with a range of theories, concepts and debates surrounding international law, humanitarian response and refugee governance.They will also develop strong communication skills and confidence in articulating concepts and ideas through delivering presentations and student-led discussions.  Students will acquire a deep knowledge of cutting-edge contemporary policy issues that have strong traction in both the UK and globally. This will strengthen their employability as it will provide them with knowledge and skills relevant for a range of sectors and employers both within the UK and across the world.      Develop knowledge of the main bodies of law that are relevant for humanitarian governance.Understand how international law differs from domestic law and what factors shape compliance with international law.Understand and assess different approaches to enforcing international law. Critically engage with current literature and policy debates on international law and humanitarian governance.Apply key concepts to a range of real-world examples of the implementation of international law.Develop analytical tools and case study knowledge to evaluate a range of approaches to the enforcement of international law. Demonstrate analytical skills.Evaluate a range of viewpoints and distil key arguments and debates.  Develop independent research skills including use of library, electronic and online resources.    Develop effective communication skills to articulate concepts and ideas clearly and concisely.  Synthesise and organise a wide range of material.from various sources and critically evaluate its significance.Develop skills to communicate with a variety of audiences. Lectures and seminarsThe course will be taught through a weekly two-hour lecture and a weekly one-hour seminar.    Seminar presentationsStudents will all make one seminar presentation during the course. Topics and dates for these seminar presentations will be allocated to students at the beginning of the course. The students will also be asked to prepare discussion questions to kick-off the seminar group discussion.  The purpose of this exercise is to support students to strengthen their presentation, teamwork, and leadership skills. The PowerPoint presentation that the students create will be uploaded on Canvas and will provide a useful learning resource. In this way, students are given the opportunity and responsibility to contribute to the learning materials we develop in the course.  The presentations will be a formative assessment and will not contribute to their grade. 2 Written assignment (inc essay) 50% 3 Report 50% Seminar presentationVerbal feedback in the seminar. Students may also attend office hours to discuss their presentation and feedback in greater detail.Policy BriefIn writing and within 15 working days.EssayIn writing and within 15 working days. Y Abbott, Kenneth W, and Duncan Snidal. "Hard and Soft Law in International Governance." International Organization 54, no. 03 (2000): 421-56. https://doi.org/doi:10.1162/002081800551280.ADH. Rules of Engagement: Protecting Civilians through Dialogue with Armed Non-State Actors. Geneva Academy of International Humanitarian Law and Human Rights (Geneva: 2011).Akande, Dapo, and Emanuela-Chiara Gillard. "Arbitrary Withholding of Consent to Humanitarian Relief Options in Armed Conflict." International Law Studies 92 (2016): 483-511.———. Oxford Guidance on the Law Relating to Humanitarian Relief Operations in Situations of Armed Conflict. Commissioned by the United Nations Office for the Coordination of Humanitarian Affairs, 2016.Akram, Susan M. "Assessing the Impact of the Global Compacts on Refugees and Migration in the Middle East." International Journal of Refugee Law 30, no. 4 (2019): 691-95. https://doi.org/10.1093/ijrl/eey071. https://doi.org/10.1093/ijrl/eey071.Arboleda, Eduardo. "Refugee Definition in Africa and Latin America: The Lessons of Pragmatism." International Journal of Refugee Law 3, no. 2 (1991): 185-207.Armstrong, Ashley Binetti. "You Shall Not Pass! How the Dublin System Fueled Fortress Europe." Chicago Journal of International Law 20, no. 2 (2020): 332-83.Aronsson-Storrier, Marie, and Karen da Costa. "Regulating Disasters? The Role of International Law in Disaster Prevention and Management." Disaster Prevention and Management 26, no. 5 (2017): 502-13. https://doi.org/10.1108/DPM-09-2017-0218. https://doi.org/10.1108/DPM-09-2017-0218.Bartolini, Giulio. "A Universal Treaty for Disasters? Remarks on the International Law Commission's Draft Articles on the Protection of Persons in the Event of Disasters." International Review of the Red Cross 99, no. 906 (2017): 1103-37. https://doi.org/10.1017/S1816383119000067.Bellal, Annyssa, and Stuart Casey-Maslen. "Enhancing Compliance with International Law by Armed Non-State Actors." Goettingen Journal of International Law 3, no. 1 (2011): 175-97.Beyani, Chaloka. "Recent Developments: The Elaboration of a Legal Framework for the Protection of Internally Displaced Persons in Africa." Journal of African Law 50, no. 2 (2006): 187-97.Bianchi, Andrea. "Human Rights and the Magic of Jus Cogens." European Journal of International Law 19, no. 3 (2008): 491-508. https://doi.org/10.1093/ejil/chn026.Bradley, Miriam. "Human Security in Armed Conflict: Norms, Agendas and Actors for Protecting Civilians." In Research Handbook on International Law and Human Security, edited by Gerd Oberleitner, 106-24. Cheltenham: Edward Elgar, 2022.Byrne, Rosemary, Gregor Noll, and Jens Vedsted-Hansen. "Understanding the Crisis of Refugee Law: Legal Scholarship and the EU Asylum System." Leiden Journal of International Law 33, no. 4 (2020): 871-92. https://doi.org/10.1017/S0922156520000382.Cantor, David James, and Farai Chikwanha. "Reconsidering African Refugee Law." International Journal of Refugee Law 31, no. 2-3 (2019): 182-260. https://doi.org/10.1093/ijrl/eez032. https://doi.org/10.1093/ijrl/eez032.Chimni, B S. "Global Compact on Refugees: One Step Forward, Two Steps Back." International Journal of Refugee Law 30, no. 4 (2018): 630-34. https://doi.org/10.1093/ijrl/eey067. https://doi.org/10.1093/ijrl/eey067.Clark, Ian, Sebastian Kaempf, Christian Reus-Smit, and Emily Tannock. "Crisis in the Laws of War? Beyond Compliance and Effectiveness." European Journal of International Relations 24, no. 2 (2017): 319-43. https://doi.org/10.1177/1354066117714528.Costello, Cathryn, and Minos Mouzourakis. "EU Law and the Detainability of Asylum-Seekers." Refugee Survey Quarterly 35, no. 1 (2016): 47-73. https://doi.org/10.1093/rsq/hdv020.Cryer, Robert. "The Role of International Criminal Prosecutions in Increasing Compliance with International Humanitarian Law in Contemporary African Con Lectures 22 Seminars 10 168