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LAW37760

Academic Year 2026/2027

International Refugee Law (LAW37760)

Subject:
Law
College:
Social Sciences & Law
School:
Law
Level:
3 (Degree)
Credits:
5
Module Coordinator:
Assoc Professor Liam Thornton
Trimester:
Autumn
Mode of Delivery:
On Campus
Internship Module:
No
How will I be graded?
Letter grades

Curricular information is subject to change.

UNHCR estimates that 117 million people are currently displaced. Of these, most are ‘internally displaced’ within their home countries. Of those displaced externally, UNHCR counts over 41.6 million as ‘refugees’ in a broad sense, which includes 28.5 million refugees under UNHCR’s mandate; 7.2 million other people in need of international protection (generalised violence or otherwise not refugees in legal sense); 6 million Palestinian refugees under UNRWA’s mandate. A further 9 million people count as ‘asylum-seekers’ waiting for their legal status to be determine.

International refugee law is the body of international law – Treaties, custom and principles – that govern the flight, recognition and rights of refugees. It is closely integrated with international human rights law. This course offers an advanced exploration of this body of international law, enabling students to appreciate its contents, workings and development, and ultimately to explore whether it meets its protective purpose.

We begin this module by placing the key concepts under examination in historical contexts – asylum, refugee, international protection and non-refoulement. identifying the legal sources of international refugee law (IRL), the sometimes contested methods and approaches adopted for examining IRL. Together we will then examine and analyse various legal concepts of refugee and international protection. We consider who precisely is a refugee, including exploring the particular legal status of Palestine refugees. We then turn to consider who can be excluded from benefiting from refugee protection, as well as, when a person may cease to be a refugee. The impact of a wider human rights lens potentially encompasses others in need of protection, who do not meet the legal definition of refugee in the 1951 Convention. Duties of states to not return (refoule) persons at risk of serious human rights violations will also be considered. The rights of persons who are asylum seekers will be considered. Once recognised as in need of international protection then refugees gain a whole range of additional rights.

This module is assessed by a two-hour closed book end of Trimester examination in December 2026 (100%).

Students on this module are expected to have read and understood the UCD Academic Integrity Policy and the School Protocol on Academic Integrity. Students must ensure that they comply with all requirements laid down therein and avoid academic misconduct.

Students are not permitted to use generative artificial intelligence, or other machine learning technology, in their learning and in completing assessments on this module. Failure to comply will have serious consequences.

About this Module

Learning Outcomes:

L01: Contextualise and historicise key sources, concepts and principles of international refugee law and relevant international human rights law.
L02: Understand how international refugee law develops over time, both formally and informally, including the role of refugees, civil society, courts, governments, regional entities, UNHCR and scholars in its development.
L03: Identify and recognise the content, potential, and limits of international protection, in particular the refugee definitions in the 1951 Convention on the Status of Refugees and regional instruments, and appraise the law and practice around exclusion from and cessation of refugee status.
L04: Explore key interactions between international human rights law and international refugee law, in particular as regards non-refoulement and the wider concept of international protection.
L05: Problematise the law and practices of the global refugee regime, in particular by assessing the legality of contemporary practices limiting access to asylum, refugee recognition and rights.
L06: Identify, appraise and engage in key debates on the workings, effectiveness and protectiveness of international refugee law.

Indicative Module Content:

It is envisaged that the following topics will be covered in 2026/2027:
The history and emergence of international refugee law, including sources
The refugee definition under the 1951 Convention
International protection beyond the 1951 Convention
Distinctive situation of Palestinian refugees and role of UNRWA
Penalisation of entry
Non-refoulement
Reception conditions
Exclusion from refugee/international protection status
Rights of refugees and Durable solutions
Reforming international refugee law

UNESCO highlights a set of key competencies that support individuals in their development and support society in achieving the UN Sustainable Development Goals (SDGs). UCD has adapted these competencies and is combining them with others to form a general framework of learning competencies. This module will help you develop the competencies below to the levels specified. 
Learning Competency Additional Information Level

Collaboration

 The ability to learn from others; to understand and respect the needs, perspectives and actions of others (empathy); to understand, relate to and be sensitive to others (empathic leadership); to deal with conflicts in a group; and to facilitate collaborative and participatory problem solving. Competent

Critical Thinking

 The ability to question norms, practices and opinions; to reflect on one’s own values, perceptions and actions. Expert

Systems Thinking

 The ability to recognize and understand relationships; to analyse complex systems; to think of how systems are embedded within different domains and different scales; and to deal with uncertainty. Expert

Strategic

 The ability to collectively develop and implement innovative actions that further sustainability at the local level and further afield. Novice

Integrated Problem Solving

 The overarching ability to apply different problem-solving frameworks to complex sustainability problems and develop viable, inclusive and equitable solution options that promote sustainable development, integrating the competencies in this list. Competent

Self-awareness

 The ability to reflect on one’s own role in the local community and (global) society; to continually evaluate and further motivate one’s actions; and to deal with one’s feelings and desires. Competent

Normative

 The ability to understand and reflect on the norms and values that underlie one’s actions; and to negotiate values, principles, goals, and targets, in a context of conflicts of interest and trade-offs, uncertain knowledge and contradictions. Proficient

Anticipatory

 The ability to understand and evaluate multiple scenarios for the future – possible, probable and desirable; to create one’s own visions for the future; to apply the precautionary principle; to assess the consequences of actions; and to deal with risks and changes. Proficient

Digital Literacy and Judgement

 The ability to access, evaluate, create and communicate information in digital environments; to engage critically, ethically and responsibly with digital technologies and digital information; to understand their opportunities, limitations, risks and impact on individual’s digital identities; and to exercise informed judgement in digital participation and decision-making. Competent

AI Literacy & Agency

 The ability to understand, critically evaluate and responsibly engage with artificial intelligence; to recognise how AI systems are shaped by human values; to assess their ethical, social and environmental implications; and to exercise human judgement, agency and accountability in AI-related contexts. Not addressed

Wellbeing

 Wellbeing is having the resources and skills to meet life's challenges, including attributes such as personal development skills, resilience, stress management, strengths, lifestyle skills, nutrition, physical activity, sleep, alcohol/substance use, academic skills, time management, goal setting, interpersonal skills, group work, communication. Not addressed

The United Nations identified seventeen Sustainable Development Goals (SDGs) as core to the 2030 Agenda for Sustainable Development, and UCD contributes in general to SDG 4 Quality Education. Further SDGs explored within this module if relevant are listed below. A scale of 1 - 5 indicates the extent to which the SDG is covered.


Goal Name Description Coverage

Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all 3

Achieve gender equality and empower all women and girls 3

Reduce inequality within and among countries 3

Take urgent action to combat climate change and its impacts 2

Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels 3
 

Student Effort Hours:
Student Effort Type Hours
Autonomous Student Learning

103
Lectures

22
Total

125

Approaches to Teaching and Learning:
Teaching will take place in a seminar format. Students will be expected to undertake appropriate preparation prior to the delivery of a topic, so as to enable a discursive and critical exploration of international refugee law. Within the lectures, students will be required at times to work in groups, share their analysis and offer their insights in light of materials that will be engaged with.

Requirements, Exclusions and Recommendations

Not applicable to this module.


Module Requisites and Incompatibles
Not applicable to this module.
 

Assessment Strategy
Description Timing Component Scale Must Pass Component % of Final Grade Component repeat (in-module) Offered
Exam (In-person): Two hour closed book examination. End of trimester
Duration:
2 hr(s)
 Graded No
100
 No

As part of UCD's student support, under the Additional Consideration policy, extensions may be available for the following assessments in the module: Assignment (including essay/poster), Portfolio, Reflective Assignment, Report(s), and Individual Project.


Carry forward of passed components
Yes
 

Resit In Terminal Exam
Spring Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 

Feedback Strategy/Strategies

• Feedback individually to students, post-assessment
• Group/class feedback, post-assessment

How will my Feedback be Delivered?

Throughout the Trimester: Should students require feedback on their learning for this module, then students are encouraged to self-assess their learning, and seek clarification from the relevant lecturer who delivered that topic, by arranging to meet the lecturer during their office hours. See Brightspace for contact details and office hours of lecturers. Class Feedback on the Examination: On the date of release of grades by UCD in January 2027, students will be provided with class feedback on the examination. Individual Feedback on Examination: Students will be informed of opportunities to receive individual feedback on their examination. Please note, this is a structured and time-limited opportunity to provide individual feedback on the grade achieved in the examination. Full details of this process will be available on the date of release of UCD grades in January 2027. Where a student has certified additional considerations approved by UCD Law Programme Board (IX grade), they will complete the IX exam in May 2027. Where a student has failed the module in December 2026, they will resit this module in May 2027.


Introductory (non-legal texts)
Gil Loesher, Refugees: A Very Short Introduction (OUP 2021)
David Owen, What Do We Owe Refugees (Polity 2020)

Core
E-Book via UCD Library: Cathryn Costello, Michelle Foster and Jane McAdam, The Oxford Handbook of International Refugee Law (OUP 2021) (referred to as OHILR).
E-Book: Guy S. Goodwin-Gill and Jane McAdam, The Refugee in International Law (4th edn, OUP 2021) (Goodwin-Gill & McAdam).
E-Book: James C. Hathaway and Michelle Foster, The Law of Refugee Status (2nd edn, CUP 2014) (Hathaway & Foster).
E-Book: Hugo Storey, The Refugee Definition in International Law (OUP 2023).

Other useful books include the following. While there is no expectation that you will read all of these, but if you are going deeper into any of the topics, then these are high quality academic works:
• Francesca Albanese and Lex Takkenberg, Palestinian Refugees in International Law (2nd ed, OUP 2020).
• Efrat Arbel, Catherine Dauvergne and Jenni Millbank (eds), Gender in Refugee Law: From the Margins to the Centre (Routledge 2014).
• Bruce Burson and David James Cantor (eds), Human Rights and the Refugee Definition: Comparative Legal Practice and Theory (Brill/Nijhoff 2016).
• Cathryn Costello, The Human Rights of Migrants and Refugees in European Law (Oxford University Press 2015).
• Jean-François Durieux and David Cantor (eds), Refuge from Inhumanity: War Refugees and International Humanitarian Law (Brill/Martinus Nijhoff, 2014).
• Thomas Gammeltoft-Hansen, Access to Asylum: International Refugee Law and the Globalisation of Migration Control (Cambridge University Press 2011).
• James C Hathaway, The Rights of Refugees under International Law (Cambridge University Press, 2nd ed, 2021).
• Kate Ogg Protection from refuge: From refugee rights to migration management (Cambridge University Press, 2022).
• Maria O’Sullivan, Refugee Law and Durability of Protection: Temporary Residence and Cessation of Status (Routledge 2019).
• Volker Türk, Alice Edwards and Cornelis Wouters (eds), In Flight from Conflict and Violence: UNHCR’s Consultations on Refugee Status and Other Forms of International Protection (Cambridge University Press 2017).
• Andreas Zimmerman, Terje Einarsen, and Franziska M. Herrmann (eds), The 1951 Convention relating to the Status of Refugees and its 1967 Protocol: A Commentary (2nd edition, OUP, 2024)

We will refer to articles from a variety of academic journals. The journals specialized on refugee law and policy include:
• International Journal of Refugee Law http://ijrl.oxfordjournals.org/
• Journal of Refugee Studies http://jrs.oxfordjournals.org/
• Refugee Survey Quarterly http://rsq.oxfordjournals.org/
• Georgetown Immigration Law Journal

International Law Blogs:

International law blogs often include coverage of IRL and related topics. The best blogs include:
• EJIL: Talk! – Blog of the European Journal of International Law (ejiltalk.org)
• Home - Opinio Juris
• IntLawGrrls | voices on international law, policy, practice (ilg2.org)
• Refugee Law Initiative Blog - RLI Blog on Refugee Law and Forced Migration (sas.ac.uk)
• TWAILR – Third World Approaches to International Law Review
• Verfassungsblog - https://verfassungsblog.de/

Some relevant podcasts include:
• Jus Cogens : The International Law Podcast | Podcast on Spotify.
• Borderline Jurisprudence | Podcast on Spotify.
• Oxford Human Rights Hub podcast - https://ohrh.law.ox.ac.uk/category/audio/

Name Role
Aishwarya Birla Lecturer / Co-Lecturer
Professor Cathryn Costello Lecturer / Co-Lecturer

Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
Autumn Lecture Offering 1 Week(s) - 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 Tues 16:00 - 17:50
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