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Kursplan:

Human Rights and Rule of Law (Juristprogrammet), 30 hp

Kursen är nedlagd från och med 2023-09-25

Engelskt namn: Human Rights and Rule of Law (Juristprogrammet)

Denna kursplan gäller: 2011-01-17 och tillsvidare

Kurskod: 2JU083

Högskolepoäng: 30

Utbildningsnivå: Avancerad nivå

Huvudområden och successiv fördjupning: Rättsvetenskap: Avancerad nivå, har endast kurs/er på grundnivå som förkunskapskrav

Betygsskala: Fyrgradig skala, bokstavsbetyg

Ansvarig institution: Juridiska institutionen

Beslutad av: Prefekten, 2009-12-14

Reviderad av: Prefekten, 2010-12-03

Innehåll

The course consists of two modules:

1. International Law and Human Rights
 
This module deals with sources, theories and methods of public international law; the relation of human rights to general international law; the role of the United Nations for the protection of human rights; how human rights are protected in Europe; how human rights are understood and protected in other regions of the world; the role of non-governmental organizations for the protection of human rights; the specific protection provided to certain groups and individuals, such as women, children and refugees; and the protection of the environment as a third generation of human rights. Students will also practice to construct and present legal arguments in human rights fora.
All aspects of this course, including the examination, are conducted in English.


2. Rule of Law and International Organizations
 
Fair and reliable laws and judicial institutions are widely emphasized as being crucial to peace, security and development. The purpose of the course is to highlight a number of key issues in creating and reforming such institutions in transition- and developing countries, or countries devastated by war, e.g.  
*    the critical role of law for peace and security,
*    the legal basis for "humanitarian intervention" and international administrations,
*    whether and how law can be used to promote reconciliation, democratization and economic development,
*    the prospects of successfully using foreign legal and judicial concepts as models,
*    development co-operation within the field of law, e.g. how projects are identified, implemented and evaluated.
 
The course will start with a brief exposé of the most common arguments for and against international support to legal and judicial reforms, previous experiences of donor-supported reform programs, relevant international norms and policies, and the role of international organizations. After that a number of thematic seminars will provide a deeper understanding of key issues in building and reforming legal and judicial institutions.

 

Förväntade studieresultat

After having successfully completed the course, the student will have detailed knowledge of:
*    the position of  human rights in the context of general international law
*    the global and regional systems for the protection of human rights
*    How to identify, structure and present a human right case in an international fora
*    The international rationale for emphasizing RoL in developing, transition and post-crisis environments
*    The principal approaches and tools for lending international support to RoL reforms
*    The possibilities and limitations of these approaches and tools   
 

 

 

Behörighetskrav

Univ: 120 university credits from the Law Programme.

Undervisningens upplägg

The teaching in the module International Law and Human Rights consists of three blocks. The first block comprises general public international law issues, and is taught via traditional lectures. The second block comprises human rights and is taught in the form of seminars by teachers and practitioners specialized in the different areas. The third block consists of the preparation by the students of their arguments or court decision presented in written and oral form during a fictitious dispute settlement procedure that ends the module.

The teaching in the module Rule of law and International Organizations essentially consist of seminars. External experts will be invited to discuss current developments within their respective fields. Active participation by the students in analyzing and discussing arguments and trends is critical. Part¬icipating students are required to carefully study all assigned texts and cases before each seminar. Further instructions on the requirements for each seminar will be handed out as the course proceeds. All teaching and seminars will be in the English language.

 

 

Examination

Students are required to attend and actively participate in all seminars (with the grade of pass), exercises, and moot courts, and to write two individual research papers. There is also written exam.

The performance in the seminars is graded G (pass) or U (fail).

The examination of the module International Law and Human Rights consists of 1) a written exam (at the University); 2) the writing of an individual paper (approximately 5 pages); and 3) an oral presentation before a moot court. The latter part will award 0-3 credits (0= pass, 1= satisfactory, 2=good, 3= excellent) which will be added to the results of the written exam. Erasmus students not in Sweden at the time of the moot court may be exempted from the oral part. Module grades given are U, B, BA and AB.

The examination of the module Rule of Law and International Organizations is based on active participation in seminars and the preparation of cases and thematic papers. The research paper is graded U, B, BA and AB. The examin¬ing teacher has the right to decide on additional requirements or to use another form of examination. Module grades given are U, B, BA and AB.

The course grade is U, B, BA and AB. The grade B requires B or higher in both modules. The grade BA requires BA or higher in both modules. The grade AB requires AB in both modules.

 

Transfers

Students have the right to apply to have a previous education or experience evaluated for transfer of credits. For more information, see:
www.umu.se/studentcentrum/regler_riktlinjer/index.html

 

Students having failed an examination on two occasions are entitled to be examined by another grading teacher. A written request should then be handed in to the Director of Undergraduate Studies.

 

Litteratur

Giltig från: 2011 vecka 3

Smith Rhona K. M
Textbook on international human rights
3. ed. : Oxford : Oxford University Press : 2007 : xxxiii, 367 s. :
ISBN: 978-0-19-928939-4 (pbk.)
Se Umeå UB:s söktjänst

Cassese Antonio
International law
2. ed. : Oxford : Oxford University Press : 2005 : liii, 558 s. :
ISBN: 0-19-925939-9
Se Umeå UB:s söktjänst

Bergling Per
Rule of Law on the International Agenda
Oxford : Intersentia : 2006 :

Compilation of readings Additional readings will be posted at the course website in PDF-format