Durham University
Programme and Module Handbook

Postgraduate Programme and Module Handbook 2011-2012 (archived)

Module LAW40315: International Human Rights Law, Development, and Commerce

Department: Law

LAW40315: International Human Rights Law, Development, and Commerce

Type Tied Level 4 Credits 15 Availability Available in 2011/12
Tied to M1K316, M1K116

Prerequisites

  • None

Corequisites

  • None.

Excluded Combination of Modules

  • None

Aims

  • to provide students with:
  • an introduction to the structures and objectives of the mechanisms for the protection of human rights within the international legal system at a global level;
  • an advanced understanding of the obstacles, theoretical, political and technical, which lie in the way of making human rights protection effective.
  • an advanced understanding of the impact of human rights law on commercial practice and vice versa

Content

  • The syllabus covers the following matters:
  • Part One - Structure of International Human Rights Law
  • The philosophical basis of international human rights law;
  • Common critiques of human rights
  • Human rights in international law: the sources of international law
  • International human rights mechanisms
  • Regional human rights mechanisms
  • UN Charter-based mechanisms for the protection of human rights
  • The International Bill of Rights (UDHR, ICCPR, ICESCR)
  • The Human Rights Committee of the ICCPR
  • The UN Committee on Economic, Social and Cultural Rights
  • Part Two - Selected Issues in International Human Rights Law
  • The enforceability of economic, social and cultural rights
  • The right to development
  • The human rights of corporations
  • The extent to which corporations are covered by international human rights law

Learning Outcomes

Subject-specific Knowledge:
  • detailed knowledge and understanding of the structures and objectives of the mechanisms for the protection of human rights within the international legal system;
  • detailed knowledge and understanding of selected topics of particular relevance to commercial lawyers;
  • a critical understanding of the effectiveness of international law as a means of protecting human rights given the legal, political, economic, social and cultural context in which it operates.
Subject-specific Skills:
  • the ability to engage in independent analysis of a range of primary legal materials;
  • the ability to critically evaluate the views of legal commentators drawn from a range of disciplines and to adopt and defend a reasoned position on the issues explored;
  • the ability to engage in independent research on complex legal problems.
Key Skills:
  • ability to describe accurately and comprehensibly the arguments and analysis of other commentators
  • ability to evaluate critically the arguments of others

Modes of Teaching, Learning and Assessment and how these contribute to the learning outcomes of the module

  • Students will learn enough of the fundamentals of international law to know how human rights are understood in international law, how the protection of human rights is provided for, and why it takes the form it does. Within each segment of the module, the students will be faced with case-studies to see how the general principles apply in practice.
  • Lectures will be used at the beginning of the module to provide students with a solid grounding in the structures and objectives of the mechanisms for the protection of human rights. The level of guidance provided by the course leader at this stage of the module should ensure all students acquire the required level of understanding of the core fundamental principles before they move on to examine the 'selected topics' in greater detail.
  • Seminar teaching will build on the earlier lectures and, with its much greater emphasis on full class participation, will be typically used in the later stages of the course to explore particular topics in much greater depth and to encourage students to develop confidence in formulating and articulating their own ideas and perspectives on the issues.

Teaching Methods and Learning Hours

Activity Number Frequency Duration Total/Hours
Lectures 8 1 or 2 per week in Michaelmas Term 1 8
Seminars 7 5 spread throughout Michaelmas Term, weekly during Epiphany Term 1 7
Preparation and Reading 135
Total 150

Summative Assessment

Component: Essay Component Weighting: 100%
Element Length / duration Element Weighting Resit Opportunity
Essay 3,000 words 100%

Formative Assessment:

One assignment of approximately 2,000 words to be submitted at the beginning of Epiphany Term.


Attendance at all activities marked with this symbol will be monitored. Students who fail to attend these activities, or to complete the summative or formative assessment specified above, will be subject to the procedures defined in the University's General Regulation V, and may be required to leave the University