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International and Regional Human Rights Course Professor

2023-2024 | Block 1
Dr Barrie Sander
Tuesdays (15.15-17.00) & Fridays (13.15-15.00)
Assistant Professor
Leiden University College
Description
The Hague
This course examines the history, development, structure and b.j.sander@luc.leidenuniv.nl
substance of international and regional human rights law. The
course introduces students to the sources, nature, and scope of Office Hours: Room 4.16
human rights law, the institutional architecture of the field, and the By appointment via Calendly
different contexts in which the language of human rights law is
relied upon in practice. Drawing on contemporary case studies, the
course invites students to think critically about the value and the
limits of human rights law as a vocabulary for addressing different Level: 200
societal challenges. The course focuses on a selection of
substantive human rights – including both civil and political rights
Credits: 5 ECTS
as well as economic, social and cultural rights – and explores the
operation of human rights law in different domains, including
migration, poverty, and digital technology. Venue: Room 3.07

Course Objectives1
Knowledge:
• Understand the sources, nature, scope, and institutional architecture of international and regional
human rights law
• Critically evaluate the value and limits of human rights law as a framework for addressing different
societal challenges
• Understand the tensions and challenges confronted by the operation of human rights law in different
societal domains

Skills:
• Apply legal research and writing skills to a topical issue or case in the field of international and regional
human rights law
• Critically examine, orally present and nurture discussions on tensions and challenges related to the
application of international regional human rights law in practice
• Creatively and collectively develop a short course on a thematic area related to international and
regional human rights law

Mode of Instruction
This course uses a variety of teaching methods, including interactive lectures, student-led class debates,
research assignments, and student presentations. Before each class students are required to have read the
compulsory readings and considered any accompanying discussion questions in preparation for the session.
Active participation in class is expected. In-class debates will be based on analysis of thematic issues and
concrete cases in the field of international and regional human rights law.

1
This syllabus has benefitted significantly from discussions, inputs, and/or syllabi generously shared by the following
scholars: Amy Strecker, Ingrid Samset, Joris Larik, Hanne Cuyckens, Itamar Mann, Mattia Pinto, Diane Desierto, Julie
Fraser, Tara Van Ho, Sejal Parmar, Lesile-Anne Duvic Paoli, Rob Knox, Mikael Rask Madsen, Julia Dehm, Jason Rudall,
Umut Özsu, and Karen Engle. This syllabus has also benefitted from the syllabi available on the European Society of
International Law’s Teaching Corner, in particular the human rights syllabi shared by Pola Cebulak and Marko Milanovic,
as well as syllabi posted on Academia.edu, in particular the human rights syllabus of Luis Eslava.
Syllabus Roadmap

Week Date Time Topic

1 Tuesday 15.15-17.00 Introduction: Definitions, Histories and Critiques


29 August

2 Tuesday 15.15-17.00 Human Rights Obligations and Responsibilities:


5 September Sources, Nature and Actors

Friday 13.15-15.00 Human Rights Institutions:


8 September Effectiveness, Resistance and Resilience

3 Tuesday 15.15-17.00 Scope of Human Rights Law:


12 September Generations and Extraterritoriality
Critical Debate: Human Rights Imperialism

Friday 13.15-15.00 Life and Human Rights


15 September Critical Debate: Assisted Dying

4 Tuesday 15.15-17.00 Terrorism and Human Rights


19 September Critical Debate: Torture and the ‘War on Terror’

Friday 13.15-15.00 Race, Religion, and Human Rights


22 September Critical Debate: Gender Equality and the Veil

5 Tuesday 15.15-17.00 Gender, Sexuality, and Human Rights


26 September Critical Debate: Sexuality Rights & ‘European Consensus’

Friday 13.15-15.00 Migration and Human Rights


29 September Critical Debate: Migrants at Sea

6 Wednesday 15.15-17.00 Groups, Climate Crisis, and Human Rights


4 October Critical Debate: The Climate Crisis

Friday 13.15-15.00 Poverty and Human Rights


6 October Critical Debate: The Right to Medicines in an Age of Neoliberalism

Sunday 18.00 Deadline:


8 October Innovate Human Rights Education Syllabus (18.00 CET)

7 Tuesday 15.15-17.00 Digital Technology and Human Rights


10 October Critical Debate: Online Disinformation

Tuesday 19.15-21.00 Online Guest Panel Session


10 October International Law in Practice

Friday 13.15-15.00 Innovate Human Rights Education


13 October Student Group Presentations Session

8 Sunday 18.00 Deadline:


22 October Research Essay (18.00 CET)

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Mode of Delivery

This course will consist of in-person classes, though may move online should circumstances require. The
course will be taught in two weekly time slots, Central European Time. The course will make use of the
following platforms:

• Brightspace is where you will:


o find the learning resources; and
o be expected to submit most assignments.

• MS Teams is where we will convene for our guest panel session, as well as online classes if needed.

Given the nature of the subject-matter of the course, please bear in mind the following guidelines:

• Reflect
o Listen and read carefully, and keep in mind that participants in this course are likely to find
themselves in a variety of personal situations.

• Respect
o Human rights is a language of contestation that often generates a diversity of opinions on
particular issues and debates. If you have a different take on a question than another student,
do feel free to express it – but in a way that shows respect for the person with another view.
This way, we can foster a constructive discussion.
o Choose your words with care. Out of respect for the diversity of worldviews and beliefs that
exists in any group, try to avoid using terms that can be perceived as offensive.

• Include
o Support each other. If a fellow student has raised a question or shared a problem, see what
you can do to help them out. You may well know the answer or have ideas on how that problem
can be solved.
o Sharing our own ideas is a way of including others. So, don’t just repeat what’s already been
said: add some reflections of your own.

In the event that our classes move online, please bear in mind the following guidelines:
• Attend using your computer or tablet as your device, not your mobile phone.
• To the extent feasible, make sure you are in a well-lit room so that we can clearly see you when your
web camera is on.
• To the extent possible, minimise any sources of disturbance or distraction. For example:
o Make sure the room you’re in is as quiet as possible. If there are still sounds that distract you,
use a headset connected to your device.
o Before the meeting starts, let any family members and/or housemates know that you wish not
to be disturbed during the meeting.
o Ensure your mobile phone is on silent mode during the meeting.
o On your device, close all other non-essential software programmes during the meeting.
• If, during the meeting, you need to do something briefly, leave your computer or tablet behind. Once
you’re back, reconnect to your device and re-join the meeting.
• Whenever you’re not talking, please mute your microphone (the instructor may also mute the
microphone of participants who are not talking).
• Whenever you would like to take the floor, remember to unmute your microphone.
• When talking, try to express yourself clearly and concisely. Remember there may be other attendees
whose connection or sound is poor.

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Office Hours
My office hours will be held weekly in Room 4.16. Office hours are a good time to discuss group and
individual assignments, as well as any concerns you have with the course more generally. You can book
a meeting with me via Calendly.

Reading Materials & Resources


Each session includes a list of Compulsory Readings together with a set of Reading Questions to guide
your reading: It is essential that you read all compulsory readings (NB: make sure to check the
allocated page numbers as sometimes only a section of an article/chapter is required) and consider
the accompanying questions prior to class. The readings will help you to understand the themes
discussed in each session and to actively participate in class.
Background Readings
• Moeckli, D et al (eds), International Human Rights Law (4th ed, OUP 2022)
• Binder, C, et al. (eds), Elgar Encyclopedia of Human Rights (Edward Elgar 2022)
• Marks, S, and Clapham, A, International Human Rights Lexicon (OUP 2005)
• Bisset, A (ed), Blackstone’s International Human Rights Documents (12th ed, OUP 2020)
• Andreassen, BA, et al. (eds), Research Handbook on the Politics of Human Rights Law (Edward Elgar 2023)
• de Sousa Santos, B, and Martins BS (eds), The Pluriverse of Human Rights (Routledge 2021)
• Egan, S, and Chadwick, A (eds), Poverty and Human Rights (Edward Elgar 2021)
• Gibney, M, et al (eds), Routledge Handbook on Extraterritorial Human Rights Obligations (2021)
• de Búrca, G., Reframing Human Rights in a Turbulent Era (OUP 2021)
• An-Naim, AA, Decolonising Human Rights (CUP 2021)
• Mayer, B and Zahar, A (eds), Debating Climate Law (CUP 2021)
• Shahabuddin, M, Minorities and the Making of Postcolonial States in International Law (CUP 2021)
• Watt, E, State Sponsored Cyber Surveillance (Edward Elgar 2021)
• Castello, C, et al (eds), The Oxford Handbook of International Refugee Law (OUP 2021)
• Mégret, F, and Alston, P, The United Nations and Human Rights: A Critical Appraisal (OUP 2020)
• Moses, AD, Duranti, M, and Burke, R (eds), Decolonization, Self-Determination, and the Rise of Global Human Rights
Politics (CUP 2020)
• Gonzalez-Salzberg, D, and Hodson, L (eds), Research Methods for International Human Rights Law: Beyond the
Traditional Paradigm (Routledge 2020)
• Lavrysen, L, and Mavronicola, N (eds), Coercive Human Rights (Hart Publishing 2020)
• Deva, S, and Birchall, D (eds), Research Handbook on Human Rights and Business (Elgar 2020)
• Bantekas, I and Oette, L, International Human Rights Law and Practice (3rd ed, CUP 2020)
• Fraser, J, Social Institutions and International Human Rights Law Implementation (CUP 2020)
• Saul, B (ed), Research Handbook on International Law and Terrorism (Routledge, 2nd ed 2020)
• Jørgensen, RF (ed), Human Rights in the Age of Platforms (MIT Press 2019)
• Wewerinke-Singh, M, State Responsibility, Climate Change and Human Rights under International Law (Hart 2019)
• Kapur, R, Gender, Alterity and Human Rights (Edward Elgar 2018)
• Land, MK, & Aronson, JC (eds), New Technologies for Human Rights Law & Practice (CUP 2018)
• Moyn, S, Not Enough: Human Rights in an Unequal World (Harvard University Press 2018)
• Otto, D (ed), Queering International Law: Possibilities, Alliances, Complications, Risks (Routledge 2018)
• Andreassen, B, et al. (eds), Research Methods in Human Rights: A Handbook (Edward Elgar 2017)
• McNeilly, K, Human Rights & Radical Social Transformation: Futurity, Alterity, Power (Routledge 2017)
• Ibhawoh, B, Human Rights in Africa (CUP 2017)
• Engle, K, et al (eds), Anti-Impunity and the Human Rights Agenda (CUP 2016)
• Bhuta, N (ed), The Frontiers of Human Rights (OUP 2016)
• Hoover, J, Reconstructing Human Rights (OUP 2016)
• Mann, I, Humanity at Sea: Maritime Migration and the Foundations of International Law (CUP 2016)
• Macklem, P, The Sovereignty of Human Rights (OUP 2015)
• Gearty, C and Douzinas, C (eds), The Cambridge Companion to Human Rights Law (CUP 2012)
• Baxi, U, The Future of Human Rights (3rd ed, OUP 2008)
• Douzinas, C, Human Rights and Empire: The Political Philosophy of Cosmopolitanism (Routledge 2007)
• Salomon, ME, Global Responsibility for Human Rights (OUP 2007)
• Orford, A (ed), International Law and Its Others (CUP 2006)
• Rajagopal, B, International Law From Below (CUP 2003)
• Mutua, M, Human Rights: A Political and Cultural Critique (University of Pennsylvania Press 2002)

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Blogs
• EJIL:Talk! – https://www.ejiltalk.org/
• Opinio Juris – http://opiniojuris.org/
• Just Security – https://www.justsecurity.org/
• Lawfare – https://www.lawfareblog.com/
• TWAILR – https://twailr.com/
• International Law & The Global South – https://internationallawandtheglobalsouth.com/
• Afronomics Law – https://www.afronomicslaw.org/
• I-CONnect - http://www.iconnectblog.com/
• Critical Legal Thinking – https://criticallegalthinking.com/
• IntLawGrrls – https://ilg2.org/
• CIL Dialogues – https://cil.nus.edu.sg/blog/
• Legal Form – https://legalform.blog/
• Oxford Human Rights Hub – https://ohrh.law.ox.ac.uk/
• OpenGlobalRights – https://www.openglobalrights.org/
• Strasbourg Observers – https://strasbourgobservers.com/
• The Conversation – https://theconversation.com/uk/topics/human-rights-1314
• Justice in Conflict – https://justiceinconflict.org/
• JURIST – https://www.jurist.org/
• International Law Reporter – http://ilreports.blogspot.com/
• Inforrm – https://inforrm.org/
• Law & Political Economy – https://lpeproject.org/blog/
• Völkerrechtsblog – https://voelkerrechtsblog.org/
• Verfassungsblog – https://verfassungsblog.de/

Podcasts
• RightsUp – https://podcasts.ox.ac.uk/series/rightsup-global-perspectives-human-rights-law
• RightsCast – https://anchor.fm/rightscast
• On Human Rights: The Raoul Wallenberg institute Podcast – https://rwi.lu.se/podcasts/
• Better Human Podcast – https://podcasts.apple.com/gb/podcast/better-human-podcast/id1481010283
• The REDRESS Podcast – https://redress.org/news/introducing-the-redress-podcast-bringing-you-the-latest-
in-our-efforts-to-secure-justice-for-survivors-of-torture/
• Leigh Day: The Podcast – https://www.leighday.co.uk/latest-updates/podcasts/
• Entitled – Why Rights Matter and What’s the Matter with Rights –
https://podcasts.apple.com/us/podcast/entitled/id1577996421
• The Auxiliary Chamber – https://the-auxiliary-chamber.simplecast.com/
• Jus Cogens: The International Law Podcast – https://www.youtube.com/c/JusCogensPodcast
• The Institute for International Law and the Humanities Podcast –
https://law.unimelb.edu.au/centres/iilah/iilah-podcast
• The Promise Institute Podcast – https://promiseinstitutepodcast.buzzsprout.com/
• Asymmetrical Haircuts – https://www.asymmetricalhaircuts.com/
• EJIL: The Podcast – https://www.ejiltalk.org/ejil-the-podcast-page/
• Lawfare Arbiters of Truth – https://www.lawfareblog.com/topic/arbiters-truth
• Global Partners Digital In Beta – https://soundcloud.com/globalpartnersdigital

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Assessment Roadmap
Assignment Weight Deadline

Class Participation 12% Ongoing Weeks 1-7


Critical Debate Leadership 18% Weeks 3-6
Innovate Human Rights 30% Weeks 6-7
Education
• 18% for syllabus + pitch doc. Sunday 8 October, 18.00 CET

• 12% for presentation Friday 13 October, 13.15-15.00 CET

Research Essay 40% Week 8


Sunday 22 October, 18.00 CET

Assessment Information
Class Participation (12%; ongoing weeks 1-7)
• Students are expected to study the compulsory readings before each session and to actively take part
in class, including plenary discussions, small group debates, and student-led critical debates.
• Students are expected to self-assess their participation and submit a Participation Reflection Statement
with their final research essay, self-assigning a grade for participation accompanied by a brief explanatory
statement. The instructor may revise the self-assessed grade, taking into account the assessment criteria.

Critical Debate Leadership (18%; weeks 2-6)


• Students are expected to undertake a critical debate leadership assignment in which they lead part of the
class focusing on a particular theme related to international and regional human rights.
• Students will be divided into small groups and allocated a topic after the first week. A slight bonus will
be applied to the first team leading a debate. It is recommended that students consult with the lecturer
beforehand about their exact approach, in particular during office hours.
• In the second half of Sessions 4-12, the debate leaders will lead the discussion on a particular theme based
on a predefined reading or set of readings.
o The discussion leaders will provide a brief presentation of their topic and introduce a maximum of
three discussion questions for a maximum of 12 minutes (+/- 1 minute). Limited use of visual
aids is possible (approximately five slides is best practice) but not mandatory.
NB: Each member of each group should upload their slides to Brightspace (Assignments) at
least 1 hour prior to the relevant session in which they are presenting.
o This will be followed by 10-15 minutes of debate, during which the debate leaders will invite different
opinions from the class, ask follow-up questions, and provide answers to questions for clarification.
It is the discussion leaders’ responsibility to stimulate discussion, include as many students as
possible, and keep the debate focussed.
o Subsequently, the discussion leaders will summarize the main outcomes (which can be points of
consensus and/or contention) for a maximum of 2 minutes.
o The readings for critical debate leadership tasks are not compulsory for the entire class.
Instead, the class is invited to read a shorter text in advance of each debate, which will provide an
introduction to the debate theme.
o The discussion leaders are required to read the readings allocated for the critical debate
leadership assignment, but need not cover everything examined in those readings in their
presentation. It is up to the discussion leaders to determine how best to construct and focus both
their presentation and discussion questions. The discussion leaders may conduct additional research
as part of their preparation.
o The design of the discussion questions tends to take on a heightened importance in this task
since it tends to influence the focus and quality of the debate.

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Innovate Human Rights Education (30%; weeks 6-7)

Syllabus & Pitch Document (18%)

• Students will be divided into small groups by the end of the first week. Each group will be responsible
for producing a syllabus for a short course on international and regional human rights law and an
accompanying pitch document.

• It is up to each group to decide the focus of their short course e.g., human rights in a particular
geographical area (e.g. the Middle East), a particular institution (e.g. the Inter-American Court of Human
Rights), a particular thematic area (e.g. sexual and gender-based violence), or human rights related to
a particular social movement (e.g. Extinction Rebellion) or category of actors (e.g. corporations). Groups
should feel free to get creative with the theme (the above are just opening suggestions).

• Each group is required to produce a syllabus consisting of the following elements:

o General Elements
▪ Course Title
▪ Course Description (a one-to-two paragraph description of the course)
▪ Learning Outcomes (knowledge and skills-based learning outcomes)
▪ Target Audience (define who the course is targeted at e.g., high school students,
university students, a particular community, a particular set of actors such as business
leaders)
▪ Mode of Delivery (define how the course will be delivered e.g., in person classes, online
or a mixture; there is a lot of room to be creative)
▪ Assessment (define at least three forms of assessment for your course)
▪ Classes (your syllabus should consist of as many classes as students that comprise
your group e.g., a group of 4 students should produce a course with 4 classes (one
class per group member))

o Classes
▪ Name of Group Member (responsible for the design and delivery of the class)
▪ Class Title
▪ Class Description (a one-to-three paragraph description of the class)
▪ Readings (select at least 3 readings for the class, at least one of which should be an
academic article; the others can take any form e.g. a primary source, a news article, a
blog post, a podcast episode, a video, etc.; groups should feel free to also include
further readings and materials though this is not compulsory; your selected compulsory
readings should be accessible via Leiden Library Catalogue or Internet search engines
(please include hyperlinks) and must be distinct from those assigned as compulsory or
critical debate readings in this syllabus)
▪ Reading Questions (at least 4 questions in total per class to accompany the readings)
▪ Teaching Methods (a one-to-three paragraph description of what types of methods you
intend to utilise e.g., lecture, debates, simulations etc; there is a lot of room to be
creative! This section should elaborate the structure of the class and explain how you
intend to rely on the readings you selected in conjunction with your teaching methods)

• Each group is required to produce an accompanying one-page pitch document summarising what
the course is about and why those within your target audience should register for your course (e.g.,
what makes your course stand out, why is it important, and what makes it particularly engaging). You
can be creative in terms of the format and design of the pitch document.

• By Sunday 8 October, 18.00 CET the final syllabus and pitch document:
o shall be submitted via Brightspace (Assignments) by each member of each group
o using a file name that includes at least one of the team member’s family name.

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Presentation (12%)

• In Session 14 on Friday 13 October, each group will deliver a presentation of their course (for a
maximum of 12.5 minutes for groups of 4 and 15 minutes for groups of 5), summarising the course
structure and each of the classes, as well as explaining the decisions that were taken in terms of
thematic, target audience, mode of delivery, selection of readings, and teaching methods. You can be
creative in terms of the style of your presentation. Each presentation will be followed by 5-10 minute
discussion during which other groups can ask questions and provide feedback.

Research Essay (40%; week 8)

• The research essay can focus on any topic, case, (draft) legislation, event, or institution related to
international and regional human rights law. Students are permitted to select a similar theme to their
critical debate leadership task.

• It is recommended that students consult with the lecturer about their topic and approach, in
particular during office hours.

• Your research essay should include:


o a title that reflects the argument put forward in the paper
o an introduction to the thematic area of the paper and a clear and arguable thesis
o a roadmap setting out the different steps taken in the paper
o a set of structured arguments supported by a diversity of primary and secondary sources
(including academic texts in the form of journal articles, book chapters, and/or books)
o a clear and succinct conclusion
o a fluid writing style with consistent attention to grammar
o reference notes and a bibliography styled and formatted consistent with common academic
referencing conventions (e.g., OSCOLA) – so long as you are consistent, you are free to choose
the referencing convention with which you are most comfortable provided it uses footnotes and
not in-text citation (please confirm which style guide you have used in the header of your paper).
NB: Please make sure to pinpoint specific page/paragraph numbers in your reference notes.

• By Sunday 22 October 18.00 CET the final research essays:


o shall be submitted via Brightspace (Assignments);
o using a file name that includes the student’s family name;
o shall not exceed 2,500 words (including footnotes, excluding bibliography; the 10% rule
applies);
o shall include a Participation Reflection Statement, self-assigning a grade for participation
accompanied by a brief explanatory statement (not included in the final essay word limit).

Assessment Deadlines Policy


• Students must submit all graded assignments to be able to pass the course.
• Assignments submitted with a delay exceeding 5 days (including weekends) will be marked “F” (failed).
In addition, the lecturer reserves the right to consider them definitely non-submitted after that point in
time.
• Late submission of any assignment will be penalized by one grade step per 12 hours of delay, with the
first penalty applying immediately after the deadline passed (for instance, an assignment, which would
have earned a B+, will be turned into a C+ if handed in 24 hours and 2 minutes after the deadline).
• For the critical debate leadership and the student presentations, a penalty of one grade step per 2
minutes in excess of the allotted time will be applied, which will be applied immediately after the allotted
time has elapsed.
• The Grading Policy (Appendix I) & Attendance Policy (Appendix II) have been attached to this syllabus.

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SESSION 1 INTRODUCTION: DEFINITIONS, HISTORIES & CRITIQUES
TUESDAY 29 AUGUST 2023, 15.15 – 17.00
In our opening session, we will discuss how human rights are defined by reflecting on different ways of framing
and thinking about human rights. We will also explore different histories of human rights and reflect on the
significance of situating human rights in historical terms. The session will conclude with a discussion of critiques
of human rights, with a particular focus on the politics of transnational human rights advocacy.

Compulsory Reading [68 pages]


Definitions and Histories
01. Bantekas, I, and Oette, L, International Human Rights Law and Practice (CUP 2013) pp.9-27 [18 pages]
02. Ibhawoh, B, ‘Natives and Colonists’, in B Ibhawoh, Human Rights in Africa (CUP 2017) pp.90-94 [4 pages]
03. Rajagopal, B, International Law From Below: Development, Social Movements, and Third World
Resistance (CUP 2003) pp.174-189 [15 pages]
Critiques
04. Dembour, M-B, ‘Critiques’, in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP 2017)
41, Sections 1, 3 and 4 [13 pages]
05. Fraser, J, ‘Challenging State-centricity and Legalism: Promoting the Role of Social Institutions in the
Domestic Implementation of International Human Rights Law’ (2019) 6 The International Journal of
Human Rights 974, pp.978-983 [5 pages]
06. Khoja-Moolji, SS, ‘The Making of Humans and Their Others in and through Transnational Human Rights
Advocacy: Exploring the Cases of Mukhtar Mai and Malala Yousafzai’ (2017) 42 Journal of Women in
Culture and Society (2017) 377, pp.377-384 and 392-398 [13 pages]

Optional Recommended Readings (i.e., only if time)


07. Slaughter, JR, ‘Hijacking Human Rights: Neoliberalism, the New Historiography, and the End of the
Third World’ (2018) Human Rights Quarterly 735 [40 pages]
08. Ibhawoh, B, ‘Visions and Disputes’, in B Ibhawoh, Human Rights in Africa (CUP 2017) 1 [28 pages]

Reading Questions
01. What are some of the different ways of thinking about human rights? Why do you think it is important to
think about, situate, and frame human rights in historical terms?
02. What are the major events that mark the history of human rights as narrated by Bantekas and Oette?
03. What are the three levels in which Ibhawoh imagines the connection between colonialism and human
rights?
04. What connections does Rajagopal draw between human rights law and colonial practices and what is the
significance of these connections for the practice of human rights law today?
05. What are some of the critiques to which human rights have been subjected according to Dembour?
06. How does Fraser challenge State-centric and legalistic approaches to human rights implementation by
examining the implementation of women’s right to family planning in Indonesia?
07. What does Khoja-Moolji mean by “pluriversalizing human rights” and how does she illustrate its meaning
through her fieldwork in Pakistan?

Further Reading
Definitions and Histories
01. Jensen, SLB, ‘Writing Political Histories of International Human Rights Law’, in Andreassen, B, Research
Handbook on the Politics of Human Rights Law (Edward Elgar 2023) 61
02. Geneva Graduate Institute, ‘The Uncertain Future of Human Rights’ 11 Global Challenges (March 2022)

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03. Davis, BP, ‘The Promises of Standing Rock: Three Approaches to Human Rights’ (2021) 12 Humanity
205
04. Grear, A, ‘‘Framing the Project’ of International Human Rights Law: Reflections on the Dysfunctional
‘Family’ of the Universal Declaration’ in C Gearty & C Douzinas (eds), Cambridge Companion to Human
Rights Law (CUP 2012) 17
05. Dembour, M-B, ‘What are Human Rights? Four Schools of Thought’ (2010) 32 Human Rights Quarterly 1
06. ‘Future’s Past: In Search of Human Rights Histories’ OpenGlobalRights (2021) (ongoing blog series
accessible here)
07. Peters, A, ‘The Importance of Having Rights’ (2021) 81 ZaöRV 7
08. Golder, B, ‘Genealogies of Human Rights’ SSRN (2020) 1
09. Mackinnon, E, ‘Promise-Making and History of Human Rights: Reading Arendt with Danto’ (2018) 9
Humanity 193
10. Okafor, OC, ‘The Bandung Ethic and International Human Rights Praxis: Yesterday, Today, and
Tomorrow’ in L. Eslava, M. Fakhri, and V. Nesiah (eds), Bandung, Global History, and International Law
(CUP 2017) 515
11. Halme-Tuomisaari, M and Slotte, P, ‘Revisiting the Origins of Human Rights: Introduction’, in M Halme-
Tuomisaari and P Slotte (eds), Revisiting the Origins of Human Rights (CUP 2015) 1
12. Moyn, S, ‘Human Rights in History’, in S Moyn, Human Rights and the Uses of History (Verso 2014) 69
13. Anghie, A, ‘Whose Utopia? Human Rights, Development, and the Third World’ (2013) 22 Qui Parle 63
14. Alston, P, ‘Does the Past Matter? On the Origins of Human Rights’ (2013) 126 Harvard Law Review 2043
15. Martinez, JS, ‘Human Rights and History’ (2012) 126 Harvard Law Review Forum 221
16. Marks, S, ‘Human Rights in Disastrous Times’, in J Crawford and M Koskenniemi (eds), The Cambridge
Companion to International Law (CUP 2012) 309

Critiques
01. De Jong, S, ‘Writing Rights: Surturing Spivak’s Postcolonial and de Sousa Santos’ Decolonial Thought’
(2022) 25 Postcolonial Studies 89
02. Abdelkarim, S, ‘Subaltern Subjectivity and Embodiment in Human Rights Practices’ (2022) 10 London
Review of International Law 243
03. Cowell, F, Defensive Relativism: The Use of Cultural Relativism in International Legal Practice (University
of Pennsylvania Press 2022)
04. de Sousa Santos, B, and Martins BS (eds), The Pluriverse of Human Rights: The Diversity of Struggles
for Dignity (Routledge 2021)
05. An-Naim, AA, Decolonising Human Rights (CUP 2021)
06. Golder, B, ‘Critiquing Human Rights’ (2021) 12 Humanity 226
07. Theilen, JT, ‘The Inflation of Human Rights: A Deconstruction’ (2021) 34 LJIL 831
08. de Búrca, G., Reframing Human Rights in a Turbulent Era (OUP 2021) Chapter 1
09. Tamale, S, ‘Repositioning the Dominant Discourses on Rights and Social Justice’, in S Tamale,
Decolonization and Afro-Feminism (Daraja Press 2020) 187
10. Moses, AD, et al (eds), Decolonization, Self-Determination, and the Rise of Global Human Rights Politics
(CUP 2020)
11. Fraser, J, ‘Human Rights and Their Cultural Connection’, in J. Fraser, Social Institutions and International
Human Rights Law Implementation: Every Organ of Society (CUP 2020) 21
12. Fassbender, B, and Traisbach, K (eds), The Limits of Human Rights (OUP 2019)
13. Hoffmann, F, and Bethania, A, ‘(De)colonizing Human Rights’, in J von Bernstorff et al (eds), The Battle
for International Law: South-North Perspectives on the Decolonization Era (OUP 2019) 198

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14. Burke, R, ‘Decolonization, Development, and Identity: The Evolution of the Anticolonial Human Rights
Critique, 1948-1978’, in JH Quataert and L Wildenthal (eds), The Routledge History of Human Rights
(Routledge 2019) 222
15. Engle, K, ‘Human Rights Consciousness and Critique’, in BE Harcourt and D Fassin (eds), A Time for
Critique (Columbia University Press 2019) 91
16. D’Souza, R, ‘Rights in the ‘Epoch of Imperialism’’, in R D’Souza, What’s Wrong With Rights? Social
Movements, Law and Liberal Imaginations (Pluto Press 2018) 45
17. Kapur, R, Gender, Alterity and Human Rights: Freedom in a Fishbowl (Edward Elgar 2018)
18. Schippers, B (ed), Critical Perspectives on Human Rights (Rowman & Littlefield 2018)
19. Zembylas, M, ‘Re-contextualising Human Rights Education: Some Decolonial Strategies and
Pedagogical/Curricular Possibilities’ (2017) 25 Pedagogy, Culture & Society 487
20. McNeilly, K, Human Rights & Radical Social Transformation: Futurity, Alterity, Power (Routledge 2017)
21. Hoover, J, Reconstructing Human Rights: A Pragmatist and Pluralist Inquiry in Global Ethics (OUP 2016)
22. McNeilly, K, ‘After the Critique of Rights: For a Radical Democratic Theory and Practice of Human Rights’
(2016) 27 Law and Critique 269
23. Golder, B, ‘Beyond Redemption? Problematising the Critique of Human Rights in Contemporary
International Legal Thought’ (2014) 2 London Review of International Law 77
24. Barreto, J-M (ed), Human Rights from a Third World Perspective: Critique, History and International Law
(Cambridge Scholars Publishing 2013)
25. Barreto, J-M, ‘Decolonial Strategies and Dialogue in the Human Rights Field: A Manifesto’ (2012) 3
Transnational Legal Theory 1
26. Mégret, F, ‘Where Does the Critique of International Human Rights Stand? An Exploration in 18
Vignettes’, in JM Beneyto and D Kennedy (eds), New Approaches to International Law: The European
and American Experiences (Springer 2012) 3
27. Langlois, AJ, ‘Human Rights in Crisis? A Critical Polemic Against Polemical Critics’ (2012) 11 Journal of
Human Rights 558
28. Baxi, U, ‘Reinventing Human Rights in an Era of Hyper-Globalisation: A Few Wayside Remarks’, in C
Gearty and C Douzinas (eds), The Cambridge Companion to Human Rights Law (CUP 2012)
29. Koskenniemi, M, ‘Human Rights Mainstreaming as a Strategy for Institutional Power’ Humanity (2010) 47
30. Baxi, U, ‘An Age of Human Rights?’, in U Baxi, The Future of Human Rights (3rd ed OUP 2008) 1
31. Ackerly, BA, Universal Human Rights in a World of Difference (CUP 2008)
32. de Sousa Santos, B, ‘Human Rights as Emancipatory Script? Cultural and Political Conditions’, in B de
Sousa Santos (ed), Another Knowledge is Possible: Beyond Northern Epistemologies (Verso 2007)
33. Hoffman, ‘“Shooting into the dark”: Toward Pragmatic Theory of Human Rights (Activism)’ (2006) 41
Texas International Law Journal 403
34. Brown, W, “The Most We Can Hope For…”: Human Rights and the Politics of Fatalism’ (2004) 103 SAQ
451
35. Marks, S, and Clapham, A, ‘Universality’, in S Marks and A Clapham, International Human Rights Lexicon
(OUP 2005) 385
36. Orford, A, Reading Humanitarian Intervention (CUP 2003)
37. Kennedy, D, ‘The International Human Rights Movement: Part of the Problem?’ (2002) 15 Harvard Human
Rights Journal 101
38. Mutua, M, ‘Is the Age of Human Rights Over?’, in SA McClennen and AS Moore (eds), Routledge
Companion to Literature and Human Rights (Routledge 2016) 450
39. Mutua, M, Human Rights: A Political and Cultural Critique (University of Pennsylvania Press 2002)
40. Douzinas, C, The End of Human Rights: Critical Thought at the Turn of the Century (Hart 2000)
41. Shivji, IG, The Concept of Human Rights in Africa (Codesria Book Series 1989) Chapters 1 and 2

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SESSION 2 HUMAN RIGHTS OBLIGATIONS AND RESPONSIBILITIES: SOURCES, NATURE AND ACTORS
TUESDAY 5 SEPTEMBER 2023, 15.15 – 17.00
In this session, we will examine the different sources of international human rights law, the nature of human
rights obligations, and the human rights responsibilities of business enterprises under the UN Guiding Principles
on Business and Human Rights. The session will conclude with an interactive case study that explores the
application of the corporate responsibility to respect human rights in practice.

Compulsory Reading [70 pages + short video]


01. Bantekas, I, and Oette, L, International Human Rights Law and Practice (CUP 2013) pp.50-71 [22
pages]
02. Mégret, F, ‘Nature of Obligations’, in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP
2017) 86, pp.86-91 and 97-108 [18 pages]
03. Clapham, A, ‘Non-State Actors’, in D Moeckli et al (eds), International Human Rights Law (4th ed, OUP
2022) 583, pp.583-599 [16 pages]
04. ‘Guiding Principles on Business and Human Rights: Implementing the United Nations ‘Protect, Respect
and Remedy’ Framework’ (United Nations 2011) pp.13-26 [14 pages]
05. Watch this short video by Amnesty International, ‘Choking Dissent: The Truth About Tear Gas’ (2020)
Optional Recommended Reading (i.e., only if time)
06. Sadat, L, ‘Torture in Our Schools’ (2022) 135 Harvard Law Review Forum 512 [13 pages]

Reading Questions
01. What is the relationship between international human rights law and public international law?
02. What are the different sources of international human rights law?
03. What are treaty reservations, when are they permissible, who is responsible for assessing their
permissibility, and what are the consequences of an impermissible reservation?
04. What is the distinction between jus cogens norms and erga omnes obligations?
05. What is the distinction between a State’s duty to respect, protect, and fulfil human rights obligations?
06. What is the distinction between absolute rights, qualified rights, margin of appreciation, and
derogations?
07. What remedies are available for violations of human rights obligations?
08. Under what conditions is it possible for States to withdraw from human rights treaties?
09. What concerns have been raised about the prospect of applying human rights to non-state actors? What
responses does Clapham offer to those concerns?
10. What are the different elements of the corporate responsibility to respect elaborated as part of the
framework set out in the UN Guiding Principles on Business and Human Rights?

Further Reading
Sources & Nature of Human Rights Obligations
01. Chinkin S, ‘Sources’ in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP 2017) 63
02. Besson, S, ‘Justifications’ in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP 2017)
22
03. Koskenniemi, M, ‘Methodology of International Law’ (2012) Max Planck Encyclopedia of PIL
04. Boyle, A, and Chinkin, C, The Making of International Law (OUP 2007)
05. Craven, M, ’Legal Differentiation and the Concept of the Human Rights Treaty in International Law’
(2000) 11 European Journal of International 489

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06. UN Human Rights Committee, ‘General Comment No. 24: Issues Relating to Reservations’
CCPR/C/21/Rev.1/Add.6 (4 November 1994)
07. Pellet, A, ‘The ILC Guide to Practice on Reservations to Treaties: A General Presentation by the Special
Rapporteur’ (2013) 24 European Journal of International Law 1061
08. Bianchi, A, ‘Human Rights and the Magic of Jus Cogens’ (2008) 19 EJIL491
09. Charlesworth, H, and Chinkin, C, ‘The Gender of Jus Cogens’ (1993) 15 Human Rights Quarterly 63
10. Young, KG, ‘Rights and Obligations’ in D Moeckli et al (eds), International Human Rights Law (4th ed,
OUP 2022) 129
11. Human Rights Committee, ‘General Comment No. 31: The Nature of the General Legal Obligation
Imposed on States Parties to the Covenant’ CCPR/C/21/Rev.1/Add.13 (26 May 2004)
12. McGoldrick, ‘A Defence of the Margin of Appreciation and an Argument for its Application by the Human
Rights Committee’ (2015) 65 International and Comparative Law Quarterly 21
13. Leloup, M, ‘The Concept of Structural Human Rights in the European Convention of Human Rights’
(2020) Human Rights Law Review 480
14. Tedeschini, M, ‘Introduction’, in Unsettling Human Rights Custom (PhD Dissertation 2020)
15. Reynolds, J, Empire, Emergency and International Law (CUP 2017) Chapters 4-6
16. Roach, K, Remedies for Human Rights Violations: A Two-Track Approach to Supra-national and
National Law (CUP 2021)

Business and Human Rights


01. ‘Symposium on Business and Human Rights: From Soft to Hard Law’ (2023) 36 Leiden Journal of
International Law 335
02. Deva, S, and Birchall, D (eds), Research Handbook on Human Rights and Business (Elgar 2020)
03. Wolfsteller, R, and Yingru, L (eds), ‘Special Issue on Business and Human Rights Regulation After the
UN Guiding Principles’ (2022) 23 Human Rights Review 1
04. Business & Human Rights Resource Centre, ‘Towards Mandatory Human Rights Due Diligence’ Blog
Series (accessible here)
05. Holly, G, and Lysgaard, SA, How do the Pieces Fit in the Puzzle? Making Sense of EU Regulatory
Initiatives Related to Business and Human Rights (The Danish Institute for Human Rights, 2022)
06. Payne, LA, et al (eds), Economic Actors and the Limits of Transitional Justice: Truth and Justice for
Business Complicity in Human Rights Violations (OUP 2022)
07. Payne LA, et al, Transitional Justice and Corporate Accountability From Below: Deploying Archimedes’
Lever (CUP 2020) 1-57 and 214-271
08. Bravo KE, Martin, J, and Van Ho, TL, When Business Harms Human Rights: Affected Communities that
are Dying to Be Heard (Anthem Press, 2020)
09. George, E, Incorporating Rights: Strategies to Advance Corporate Accountability (OUP 2021)
10. Bernaz, N, Business and Human Rights: History, Law and Policy (Taylor & Francis 2016)
11. Birchall, D, ‘Corporate Power over Human Rights: An Analytical Framework’ (2020) 6 BHRJ 42
12. Butler, J, ‘The Corporate Keepers of International Law’ (2020) 114 AJIL 189
13. Bantekas, I, ‘The Linkages Between Business and Human Rights and Their Underlying Root Causes’
(2021) 43 Human Rights Quarterly 117
14. Kulick, A, ‘Corporate Human Rights?’ (2021) European Journal of International Law
15. Pahuja, S, ‘Corporations, Universalism, and the Domestication of Race in International Law’, in D. Bell
(ed) Empire, Race and Global Justice (CUP 2019) 74
16. George, ER, Martin, J, and Van Ho, T, ‘Reckoning: A Dialogue About Racism, Antiracists, and Business
& Human Rights’ (2021) 30 Washington International Law Journal 171
17. OHCHR, The Corporate Responsibility to Respect Human Rights: An Interpretive Guide (UN 2012)

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18. Castan Centre for Human Rights Law, Human Rights Translated 2.0 (Monash University 2017)
19. Van Ho, ‘Defining the Relationships: “Cause, Contribute, and Directly Linked to” in the UN Guiding
Principles on Business and Human Rights’ (2021) 43 Human Rights Quarterly 625
20. Birchall, D, ‘The Transformative Potential of “Human Rights Impacts” Under the UN Guiding Principles
on Business and Human Rights’ (2019) 1 Oxford Human Rights Hub Journal 120
21. Bilchitz, D, ‘A Chasm Between ‘Is’ and ‘Ought’? A Critique of the Normative Foundations of the SRSG’s
Framework and the Guiding Principles’, in S Deva and D Bilchitz (eds), Human Rights Obligations of
Business: Beyond the Corporate Responsibility to Respect? (CUP 2013) 107
22. Elliot, M, ‘Problematising the ‘Governance Gap’: Corporations, Human Rights, and the Emergence of
Transnational Law’ (2021) Transnational Legal Theory
23. Griffith, A, Smit, L, and McCorquodale, R, ‘Responsible Business Conduct and State Laws: Addressing
Human Rights Conflicts’ (2020) 20 Human Rights Law Review 641
24. Simons, P, ‘International Law’s Invisible Hand and the Future of Corporate Accountability for Violations
of Human Rights’ (2012) 3 Journal of Human Rights and the Environment 5
25. Peters, A et al, ‘Business and Human Rights: Making the Legally Binding Instrument Work in Public,
Private and Criminal Law’ (2020) MPIL Research Paper Series No. 2020-06
26. Baars, G, The Corporation, Law and Capitalism (Brill 2019) Chapter 6
27. Fraser, J, ‘Domestic Implementation of International Human Rights Treaties’, in J. Fraser, Social
Institutions and International Human Rights Law Implementation: (CUP 2020) 114
28. Megiddo, T, ‘Methodological Individualism’ (2019) 60 Harvard International Law Journal 219

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SESSION 3 HUMAN RIGHTS INSTITUTIONS: EFFECTIVENESS, RESISTANCE AND RESILIENCE
FRIDAY 8 SEPTEMBER 2023, 13.15 – 15.00

In this session, we will examine human rights institutions. The session will begin with an overview of the
institutional architecture of the UN and regional human rights systems, exploring not only their key features and
the principal actors that participate within them, but also different explanatory accounts that have been put
forward concerning the effectiveness of human rights in practice. The session will then critically reflect on the
politics of international and regional human rights courts, exploring the different forms and patterns of resistance
and resilience that characterise their practices, as well as the variety of contextual factors that affect the
emergence and development of processes of resistance and resilience in particular settings.

Compulsory Reading [55 pages]


01. de Búrca, G., ‘The Effectiveness of Human Rights’, in G de Búrca, Reframing Human Rights in a
Turbulent Era (OUP 2021) 9, pp.9-25 and 38-47 [24 pages]
02. Ukabiala, N, ‘How Inter-State Procedures in Human Rights Treaties Can Support the Black Lives Matter
Movement’ Just Security (19 June 2020) [7 pages]
03. Helfer, LR, ‘Populism and International Human Rights Law Institutions: A Survival Guide’, in GL Neuman
(ed), Human Rights in a Time of Populism: Challenges and Responses (CUP 2020) 218 [24 pages]
Optional Recommended Reading (i.e., only if time)
04. Çali, B, ‘Regional Protection’, in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP
2017) 411 [13 pages]
05. Connors J, ‘United Nations’, in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP
2017) 369 [40 pages]

Reading Questions
01. What are some of the different explanatory accounts of the effectiveness of human rights identified by
de Búrca? What is the transnational experimentalist theory of human rights law and advocacy put
forward by de Búrca?
02. How could inter-state procedures in human rights treaties promote accountability and reform in the
United States according to Ukabiala? Do you think recourse to such procedures is likely to occur in
practice?
03. Reflecting on the chapter by Helfer, why do the facilitating conditions that supported human rights
institutions no longer hold, what are some of the particular challenges that populism poses to those
institutions, and what are the merits of different survival strategies that are available to such institutions
to counter populist regimes?

Further Reading
Human Rights Institutions
01. de Búrca, G (ed), Legal Mobilization for Human Rights (OUP 2022)
02. Lane, M, ‘The Universal Periodic Review: A Catalyst for Domestic Mobilisation’ (2022) 40 Nordic Journal
of Human Rights 507
03. Fraser, J, Social Institutions and International Human Rights Law Implementation: Every Organ of
Society (CUP 2020)
04. Bantekas, I and Oette, L, International Human Rights Law and Practice (3rd ed, CUP 2020) Chs 4-7
05. Mégret, F, and Alston, P, The United Nations and Human Rights: A Critical Appraisal (OUP 2020)
06. Madsen MR, and Huneeus A, ‘Between Universalism and Regional Law and Politics: A Comparative
History of the American, European, and African Human Rights Systems’ (2018) 16 I-CON 136
07. de Búrca, G, ‘Human Rights Experimentalism’ (2017) 111 American Journal of international Law 277

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08. Okafor, OC, ‘International Human Rights Fact-Finding Praxis in its Living Forms: A TWAIL Perspective’
(2014) 1 The Transnational Human Rights Review 59
09. Kelly, T, ‘The Cause of Human Rights: Doubts about Torture, Law, and Ethics at the United Nations’
(2011) 17 Journal of the Royal Anthropological Institute 728
10. Okafor, OC, The African Human Rights System: Activist Forces and International Institutions (CUP
2007) Chs 3 and 7
11. Mutua, M, ‘Standard Setting in Human Rights: Critique and Prognosis’ (2007) 29 Human Rights
Quarterly 547
12. Merry, SE, ‘Transnational Human Rights and Local Activism: Mapping the Middle’ (2006) 108 American
Anthropologist 38
13. Anghie, A, Imperialism, Sovereignty and the Making of International Law (CUP 2004) Ch 3
14. Rajagopal, B, International Law From Below: Development, Social Movements, and Third World
Resistance (CUP 2003) Ch 3

Resistance and Resilience


01. Mégret, F, ‘Human Rights Populism’ (2022) 13 Humanity 240
02. Steininger, S, ‘Harder, Better, Faster, Stronger’ Verfassungsblog (1 October 2022)
03. Caserta, S, and Cebulak, P, ‘Resilience Techniques of International Courts in Times of Resistance to
International Law’ (2021) International and Comparative Law Quarterly
04. Hillebrecht, C, Saving the International Justice Regime: Beyond Backlash against International Courts
(CUP 2021)Kunz, R, ‘Judging International Judgments Anew? The Human Rights Courts before
Domestic Courts’ (2020) 30 European Journal of International Law 1129
05. Chehtman, A, ‘The Relationship between Domestic and International Courts: The Need to Incorporate
Judicial Politics into the Analysis’ EJIL:Talk! (8 June 2020)
06. Yildiz, E, ‘A Court with Many Faces: Judicial Characters and Modes of Norm Development in the
European Court of Human Rights’ (2020) 31 European Journal of International Law 73
07. ‘Madsen, MR, Cebulak, P, and Wiebusch, M, ‘Backlash Against International Courts: Explaining the
Forms and Patterns of Resistance to International Courts’ (2018) 14 International Journal of Law in
Context 197
08. Soley, X, and Steininger S, ‘Parting Ways or Lashing Back? Withdrawals, Backlash and the Inter-
American Court of Human Rights’ (2018) 14 International Journal of Law in Context 237
09. Daly, TG, and Wiebusch, M, ‘The African Court on Human and Peoples’ Rights: Mapping Resistance
against a Young Court’ (2018) 14 International Journal of Law in Context 294
10. Alston, P, ‘The Populist Challenge to Human Rights’ (2017) 9 Journal of Human Rights Practice 1
11. Alter, KJ, Gathii, JT, and Helfer, LR, ‘Backlash against International Courts in West, East and Southern
Africa: Causes and Consequences’ (2016) 27 European Journal of International Law 293
12. Alter, KJ, et al, ‘How Context Shapes the Authority of International Courts’ (2016) 79 Law &
Contemporary Problems 1
13. Madsen, MR, ‘The Challenging Authority of the European Court of Human Rights: From Cold War Legal
Diplomacy to the Brighton Declaration and Backlash’ (2016) 79 Law and Contemporary Problems 141
14. Huneeus, A, ‘Courts Resisting Courts: Lessons from the Inter-American Court’s Struggle to Enforce
Human Rights (2011) 44 Cornell International Law Journal 493

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SESSION 4 SCOPE OF HUMAN RIGHTS LAW: GENERATIONS AND EXTRATERRITORIALITY
TUESDAY 12 SEPTEMBER 2023, 15.15 – 17.00

This session explores the scope of human rights law, beginning with a critical consideration of the ‘three
generations theory of human rights’, followed by a review of the extraterritorial scope of application of human
rights obligations within different international and regional human rights treaty systems. The session will
conclude with a critical debate on human rights imperialism.

Compulsory Reading [45 pages]


Generations
01. Jensen, SLB, ‘Putting to Rest the Three Generations Theory of Human Rights’ OpenGlobalRights (15
November 2017) [3 pages]
02. Bantekas, I, and Oette, L, International Human Rights Law and Practice (CUP 2013) pp.366-389 [24
pages]
Extraterritoriality
03. Çali, B, ‘Has ‘Control Over Rights Doctrine’ for Extraterritorial Jurisdiction Come of Age? Karlsruhe, too,
has Spoken, now it’s Strasbourg’s Turn’ EJIL:Talk! (21 July 2020) [4 pages]
04. Milanovic, M, ‘Repatriating the Children of Foreign Terrorist Fighters and the Extraterritorial Application
of Human Rights’ EJIL:Talk! (10 November 2020) [5 pages]
05. Busco, P, ‘Not All that Glitters Is Gold: the Human Rights Committee’s Test for the Extraterritorial
Application of the ICCPR in the Context of Search and Rescue Operations’ Opinio Juris (2 March 2021)
[4 pages]
06. Berkes, A, ‘A New Extraterritorial Jurisdictional Link Recognised by the IACtHR’ EJIL:Talk! (28 March
2018) [3 pages]
07. Critical Debate Reading: Read at least one of the following:
a. Palombo, D, ‘Business and Human Rights Symposium: Rejecting Jurisdiction to Avoid
Imperialism – That Simple?’ Opinio Juris (25 June 2021) [3 pages]
b. Lichuma, C, ‘Centering Europe and Othering the Rest: Corporate Due Diligence Laws and Their
Impacts on the Global South’ Völkerrechtsblog (16 January 2023) [2 pages]
Optional Recommended Reading (i.e., only if time)
08. Abraham, M, ‘Pandemics’, in D Moeckli et al (eds), International Human Rights Law (4th ed, OUP
2022) 661, pp.661-679 [19 pages]

Critical Debate Leadership: Human Rights Imperialism [24-35 pages]


Read at least one of the following papers:
09. Palombo, D, ‘Transnational Business and Human Rights Litigation: An Imperialist Project?’ (2022)
22 Human Rights Law Review 1. [24 pages]
10. Bose, D, ‘Decentring Narratives around Business and Human Rights Instruments: An Example of
the French Devoir de Vigilance Law’ (2023) 8 Business and Human Rights Journal 18 [24 pages]
11. Lichuma, CO, ‘(Laws) Made in the ‘First World’: A TWAIL Critique of the Use of Domestic
Legislation to Extraterritorially Regulate Global Value Chains’ 81 ZaöRV 497, [35 pages]

Reading Questions
01. What is the ‘Three Generations Theory of Human Rights’ and why is it problematic according to Jensen?
02. What are the central characteristics of economic, social and cultural rights elaborated by Bantekas and
Oette?
03. What are the different jurisdictional thresholds applied by the ECtHR and why is the BND judgment of
the German Constitutional Court significant according to Çali?

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04. What is problematic with the jurisdictional test applied by the Committee on the Rights of the Child in
the child repatriation case of LH et al v France according to Milanovic?
05. What are the different jurisdictional tests applied by the Human Rights Committee and how were these
applied in the search and rescue cases of SA and Others v Malta, and SA and Others v Italy?
06. What is the new jurisdictional test recognised by the IACtHR in its Advisory Opinion on The Environment
and Human Rights and to what extent does it require further clarification according to Berkes?

Further Reading
Generations
01. Macklem, P, ‘Human Rights in International Law: Three Generations or One?’ (2015) 3 LRIL 61
02. Roiger-Simek, K, ‘Generations of Human Rights’ in Binder, C, et al (eds), Elgar Encyclopedia of Human Rights
(Edward Elgar 2022) 330.
03. Whelan, DJ, Indivisible Human Rights: A History (University of Pennsylvania Press 2010)
04. Koch, IE, ‘Dichotomies, Trichotomies or Waves of Duties’ (2005) 5 Human Rights Law Review 81

Extraterritoriality
01. Joseph, S, and Sander, B, ‘Scope of Application’, in D Moeckli et al (eds), International Human Rights Law (4th ed,
OUP 2022) 106
02. Gibney, M, et al (eds), The Routledge Handbook on Extraterritorial Human Rights Obligations (2021)
03. Berkes, A, International Human Rights Law Beyond State Territorial Control (CUP 2021)
04. Bhuta, N (ed), The Frontiers of Human Rights (OUP 2016)
05. Margolies, D, et al. (eds), The Extraterritoriality of Law: History, Theory, Politics (Routledge 2019)
06. Raible, L, Human Rights Unbound: A Theory of Extraterritoriality (OUP 2020)
07. Mallory, C, Human Rights Imperialists: The Extraterritorial Application of the ECHR (Hart 2020)
08. Milanovic, Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy (OUP 2011)
09. Lilian, C, and Soboka, BT (eds), Extraterritorial Human Rights Obligations from an African Perspective (2018)
10. Palombo, D., ‘Extraterritorial, Universal, or Transnational Human Rights Law?’ (2023) 56 Israel Law Review 92
11. Heupel, M, ‘How do States Perceive Extraterritorial Human Rights Obligations?’ (2018) 40 HRQ 521
12. Vandenhole, W, ‘The “J” Word: Driver or Spoiler of Change in Human Rights Law?’ in S Allen et al (eds), The Oxford
Handbook of Jurisdiction in International Law (OUP 2019) 414
13. Quiroga-Villamarin, DR, ‘Vicarius Christi: Extraterritoriality, Pastoral Power, and the Critique of Secular International
Law’ (2021) Leiden Journal of International Law
14. Besson, S, ‘The Extraterritoriality of the European Convention on Human Rights: Why Human Rights Depend on
Jurisdiction and What Jurisdiction Amounts to’ (2012) LJIL 857
15. ‘Litigating Jurisdiction before the ECtHR: Between Patterns of Change and Acts of Resistance’ QIL (2021)
16. Wilke, C, ‘High Altitude Legality: Visuality and Jurisdiction in the Adjudication of NATO Air Strikes’ (2019) 34
Canadian Journal of Law and Society 261
17. Milanovic, M, ‘Human Rights Treaties and Foreign Surveillance: Privacy in the Digital Age’ (2015) 56 HILJ 81
18. Moreno-Lax, V, ‘The Architecture of Functional Jurisdiction: Unpacking Contactless Control – On Public Powers,
S.S. and Others v. Italy, and the “Operational Model” (2020) 21 German Law Journal 385
19. Human Rights Committee, ‘General Comment No. 36’ CCPR/C/GC/36 (30 October 2018)
20. Committee on Economic, Social and Cultural Rights, ‘General Comment No. 24’ E/C.12/GC/24 (10 Aug 2017)
21. De Schutter, O, et al, ‘Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the Area
of Economic, Social and Cultural Rights’ (2012) Human Rights Quarterly 1084
22. Wilde, R, ‘Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution:
The Potential Significance of Human Rights Treaty Obligations’ in C Binder et al (eds), Research Handbook on
International Law and Social Rights (Edward Elgar 2020) 56
23. Craven, M, ‘The Violence of Dispossession: Extraterritoriality and Economic, Social, and Cultural Rights’, in
Baderin, M, and McCorquodale, R (eds), Economic, Social and Cultural Rights in Action (OUP 2007)

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Human Rights Imperialism
01. Seck, SL, ‘Unilateral Home State Regulation: Imperialism or Tool for Subaltern Resistance?’ (2008) 46
Osgoode Hall Law Journal 565
02. Okowa, P, ‘The Pitfalls of Unilateral Legislation in International Law: Lessons from Conflict Minerals
Legislation’ (2020) 69 International and Comparative Law Quarterly 685
03. Klabbers, J, ‘Doing the Right Thing? Foreign Tort Law and Human Rights’ in C Scott (ed), Torture as Tort:
Comparative Perspectives on the Development of Transnational Human Rights Litigation (Hart 2001) 553
04. Berkes, A, ‘Extraterritorial Responsibility of the Home State for MNCs’ Violations of Human Rights’ in Y Radi
(ed), Research Handbook on Human Rights and Investment (Edward Elgar 2018) 304
05. Hamilton, RJ, ‘Jesner v. Arab Bank’ (2018) 112 American Journal of International Law 720
06. Besson, S, ‘Due Diligence and Extraterritorial Human Rights Obligations – Mind the Gap!’ ESIL Reflections
(28 April 2020)
07. Bueno, N, and Bright, C, ‘Implementing Human Rights Due Diligence Through Corporate Civil Liability’ (2020)
69 International and Comparative Law Quarterly 789
08. Roorda, L, and Leader, D, ‘Okpabi v Shell and Four Nigerian Farmers v Shell: Parent Company Liability Back
in Court’ (2021) Business and Human Rights Journal
09. Van Ho, T, ‘Vedanta Resources Plc and Another v. Lungowe and Others’ (2020) 114 AJIL 110
10. Carrillo-Santarelli, N, ‘Crossing the Rubicon: Major Developments on the Human Rights Obligations of
Corporations’ Just Security (12 March 2020)

Pandemics
01. Ferstman, C, and Fagan, A (eds), Covid-19, Law and Human Rights: Essex Dialogues (Essex Uni 2020)
02. Kjaerum, M, Davis, MF, and Lyons, A (eds), COVID-19 and Human Rights (Routledge 2021)
03. Scheinin, M, and Molbaek-Steensig, H, ‘Pandemics and Human Rights: Three Perspectives on Human Rights
Assessment of Strategies against COVID-19’ (2021) EUI Working Papers
04. Joseph, S, ‘International Human Rights Law and the Response to the COVID 19 Pandemic’ (2020) 11 Journal
of International Humanitarian Legal Studies 249
05. Coco, A, and de Souza Dias, T, ‘Prevent, Respond, Cooperate: States’ Due Diligence Duties vis-à-vis the
Covid-19 Pandemic’ (2020) 11 Journal of International Humanitarian Legal Studies 218
06. Stubbins Bates, E, ‘Article 2 ECHR’s Positive Obligations – How Can Human Rights Law Inform the Protection
of Health Care Personnel and Vulnerable Patients in the COVID-19 Pandemic?’ Opinio Juris (1 April 2020)
07. Hasan, H, ‘Is an Ineffective State Response to Covid-19 a Violation of Human Rights?’ Opinio Juris (2020)
08. Quintana, F-J, and Uriburu, J, ‘Modest International Law: COVID-19, International Legal Responses, and
Depoliticization’ (2020) 114 American Journal of International Law 687
09. Bennoune, K, ‘“Lest We Should Sleep”: COVID-19 and Human Rights’ (2020) 114 American Journal of
International Law 666
10. Jain, N, ‘Pandemics as Rights-Generators’ 114 American Journal of International Law 677
11. Joseph, S, and Dore, GJ, ‘Vaccine Apartheid: A Human Rights Analysis of COVID-19 Vaccine Inequity’ (2021-
2022) 31 Journal of Transnational Law and Policy 145
12. Joseph, S, ‘International Human Rights Law and the Response to the Covid-19 Pandemic’ (2020) 11 Journal
of International Humanitarian Legal Studies 249
13. Gurmendi Dunkelberg, A, ‘COVID-19 and the ‘Western Gaze’’ Opinio Juris (7 April 2020)
14. Orford, A, ‘Broken Bargains’ London Review of Books (5 May 2021)
15. Van Ho, T, ‘The World Turned Upside Down: The US, Bill Gates, and Individualising Responsibility for the
COVID Vaccine’ Verfassungsblog (10 May 2021)
16. Sirleaf, M, ‘Omicron: The Variant that Vaccine Apartheid Built’ Just Security (2 December 2021)
17. Sekalala, S, et al, ‘Decolonising Human Rights Law: Intellectual Property Laws Result in Unequal Access to
the COVID-19 Vaccine’ (2021) 6 BMJ Global Health 1

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SESSION 5 LIFE AND HUMAN RIGHTS
FRIDAY 15 SEPTEMBER 2023, 13.15 – 15.00
In this session, we will explore different dimensions of the relationship between life and human rights. The
session will examine the use of lethal force and less lethal weapons by law enforcement officers, the campaign
to abolish the death penalty, and movements for reproductive rights reform. The session will conclude with a
critical debate on assisted dying.

Compulsory Reading [39 pages]


01. Human Rights Committee, ‘General Comment No. 36 (2018) on Article 6 of the International Covenant
on Civil and Political Rights, on the Right to Life’ CCPR/C/GC/36 (30 October 2018) paras 1-31 [7
pages]
02. Callamard, A, ‘Police in the U.S. are abusing tear gas and rubber bullets in possible violations of
international law’ Washington Post (1 June 2002) [2 pages]
03. Callamard, A, ‘Learning from US Streets: A Moment of Reckoning’ EJIL:Talk! (19 June 2020) [4 pages]
04. Marks, S, and Clapham, A, ‘Death Penalty’, in S Marks and A Clapham, International Human Rights
Lexicon (OUP 2005) pp.49-60 [11 pages]
05. Read all of the following blog posts:
a. Isailović, I, ‘Dobbs in the EU: Not Just an American Story’ Verfassungsblog (19 August 2022)
[4 pages]
b. Nabaneh, S, ‘The Status of Women’s Reproductive Rights in Africa’ Völkerrechtsblog (9 March
2022) [2 pages]
c. Yamin, AE, and Ochoa, S, ‘What’s at Stake in the Abortion Case Before the Inter-American
Court of Human Rights?’ EJIL:Talk! (16 March 2023) [3 pages]
d. Sullivan, M, ‘Does Dobbs Put the United States in Violation of its International Human Rights
Obligations?’ Travaux (24 February 2023) [4 pages]
06. Critical Debate Reading: Malik, K, ‘Claiming a monopoly on truth and decency is no way to win the
assisted dying debate’ The Guardian (24 October 2021) [2 pages]

Critical Debate Leadership: Assisted Dying [20 pages]


07. Case of Pretty v the United Kingdom, Application No. 2346/02, ECtHR, Judgment (29 April 2002) paras
16-24 and 32-89 [20 pages]

Reading Questions
01. What are the different types of obligations that comprise the right to life?
02. How does Callamard analyse police use of less lethal weapons in the United States in her Washington
Post article? How does Callamard’s analysis differ in her EJIL:Talk! post?
03. What are the concerns raised by Marks and Clapham about the campaign to abolish the death penalty?
Do you agree with their concerns?
04. Based on the texts by Isailović, Nabaneh, Yamin/Ochoa, and Sullivan, to what extent is human rights
law a useful vocabulary for social movements seeking to undermine the multi-layered obstacles
pregnant people face when trying to access abortion?

Further Reading
Law Enforcement
01. Rodley, NS, ‘Integrity of the Person’, in D Moeckli et al (eds), International Human Rights Law (3rd ed OUP
2017) pp.175-183
02. Bantekas, I and Oette, L, International Human Rights Law and Practice (3rd ed CUP 2020) pp.351-365 and
804-809
03. Joseph, S, ‘Extending the Right to Life Under the International Covenant on Civil and Political Rights: General
Comment 36’ (2019) 19 Human Rights Law Review 347

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04. Ní Aoláin, F, ‘Gendered Security and the Right to Life: Analysis of UN Human Rights Committee’s General
Comment’ Just Security (8 February 2019)
05. Callamard, A, ‘Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions on a
Gender-Sensitive Approach to Arbitrary Killings’ UN Doc A/HRC/35/23 (6 June 2017)
06. UN Human Rights Guidance on Less Lethal Weapons in Law Enforcement (Advance Version, UN 2020)
07. Diphoorn, T, McGonigle Leyh, B, and Slooter, L, ‘Transforming Police Reform: Global Experiences through a
Multidisciplinary Lens’ (2021) Policing: A Journal of Policy and Practice 340
08. Milanovic, M, ‘The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life’ (2020)
20 Human Rights Law Review 1
Death Penalty
01. Novak, A, Transnational Human Rights Litigation: Challenging the Death Penalty and Criminalization of
Homosexuality in the Commonwealth (Springer 2019)
02. Novak, A, The African Challenge to Global Death Penalty Abolition: International Human Rights Norms in
Local Perspective (Intersentia 2017)
03. Hodgkinson, P, Capital Punishment: New Perspectives (Routledge 2016)
04. Schabas, WA, The Abolition of the Death Penalty in International Law (CUP 2002)
Reproductive Rights
01. Mégret, F, ‘Overturning of Roe v Wade: Time to Rethink US Engagement with International Human Rights
Law?’ I-Connect Blog (8 July 2022)
02. Batuman, E, et al, ‘Prejudice Rules: LRB Contributors on the Overturning of Roe v Wade’ 44 London Review
of Books (21 July 2022)
03. Cohen, D.S., et al., ‘The New Abortion Battleground’ (forthcoming 2023) 123 Columbia Law Review.
04. de Búrca, G, ‘Using International Human Rights Law to Mobilize for Children’s Rights and Reproductive
Rights in Ireland’, in G de Búrca, Reframing Human Rights in a Turbulent Era (OUP 2021) 131
05. Rebouché, R, ‘Abortion Rights as Human Rights’ (2016) 25 Social & Legal Studies 765
06. Bilke, L, and Bliecke, V, ‘Abortion in Latin America Through the Lens of the IACtHR: A Court Trapped between
Revolution and Reluctance’ Völkerrechtsblog (8 March 2022)
07. Rebouché, R, ‘Reproducing Rights: The Intersection of Reproductive Justice and Human Rights’ (2017) 7
UC Irvine Law Review 579
08. O’Connell, C, ‘Litigating Reproductive Health Rights in the Inter-American System: What Does a Winning
Csse Look Like?’ (2014) 16 Health and Human Rights Journal 116
09. Panepinto, R, et al, ‘In Defence of a More Sophisticated and Nuanced Approach to Abortion: A Reponse to
Greogor Puppinck’ EJIL Talk! (22 March 2013)
10. Zampas, C, and Gher, JM, ‘Abortion as a Human Right – International and Regional Standards’ (2008) 8
Human Rights Law Review 249
11. Gable, L, ‘Reproductive Health as a Human Rights’ (2010) 60 Case Western Reserve Law Review 957
12. Cook, RJ, and Dickens, BM, ‘Human Rights Dynamics of Abortion Law Reform’ (2003) 25 HRQ 1
13. Luna, Z, Reproductive Rights as Human Rights (New York University Press 2020)
Assisted Dying
01. Martin, S, Assisted Suicide and the European Convention on Human Rights (Routledge 2021)
02. Pedain, A, ‘The Human Rights Dimensions of the Diane Pretty Case’ (2003) 62 CLJ 181
03. Tiensuu, P, ‘Whose Right to What Life? Assisted Suicide and the Right to Life as a Fundamental Right’ (2015)
15 Human Rights Law Review 251
04. Wicks, E, ‘The Meaning of “Life”: Dignity and the Right to Life in International Human Rights Treaties’ (2012)
12 Human Rights Law Review 199
05. Reichstein, A, ‘A Dignified Death for All: How a Relational Conceptualisation of Dignity Strengthens the Case
for Legalising Assisted Dying in England and Wales’ (2019) 19 Human Rights Law Review 733
06. Fellmeth, A, and Abourahma, N, ‘The Human Right to Suicide under International Law’ (2021) 21 HRLR 641

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SESSION 6 TERRORISM AND HUMAN RIGHTS
TUESDAY 19 SEPTEMBER 2023, 15.15 – 17.00

In this session, we will examine different dimensions of the relationship between terrorism and human rights.
The session will begin by examining the contested definition of terrorism and the development of counter-
terrorism strategies at the international level, before turning to explore the importance of language and framing
in counter-terrorism discourse. The session will then examine a range of civil and political, as well as economic,
social, and cultural rights implicated by counter-terrorism operations, including a discussion of the case of
Shamima Begum. The session will conclude with a critical debate on torture and the ‘War on Terror’.

Compulsory Reading [37 pages]


01. Scheinin, M, ‘Terrorism’ in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP 2017)
pp.580-596 [16 pages]
02. Alston, P, ‘Civil and Political Rights, including the Questions of Disappearances and Summary
Executions’, Report of the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, UN
Doc E/CN.4/2006/53 (8 March 2006) paras 44-54 [3 pages]
03. Marks, S, and Clapham, A, ‘Terrorism’, in S Marks and A Clapham, International Human Rights Lexicon
(OUP 2005) pp.356-358 [3 pages]
04. Immanuel, AMP, ‘Did Shamima Begum Receive Her Due Process under International Law?’ Opinio
Juris (13 April 2021) [3 pages]
05. Wishart, S, and Kane, G, ‘Who is a Trafficked Person? The Case of Shamima Begum suggests that
‘Ideal Victim’ Narratives persist, more than 20 years after the Adoption of the Palermo Protocol’ Refugee
Law Initiative (15 March 2021) [5 pages]
06. Critical Debate Reading: Kelly, T, ‘The Struggle Against Torture: Challenges, Assumptions and New
Directions’ (2019) 11 Journal of Human Rights Practice 324, pp.324-332 [7 pages]

Critical Debate Leadership: Torture and the ‘War on Terror’ [30 pages]
07. Marks, S, ‘Apologising for Torture’ (2004) 73 Nordic Journal of International Law 365, pp.365-385 [21
pages]
08. Okafor, OC, ‘Globalism, Memory and 9/11: A Critical Third World Perspective’, in Johns, F, Joyce, R,
and Pahuja, S, Events: The Force of International Law (Routledge 2010) 234, pp.234-243 [9 pages]

Reading Questions
01. What are some of the techniques that have been deployed by States in an attempt to avoid or deny the
application of international human rights law to counter-terrorism practices?
02. In what ways have counter-terrorism measures interfered with and potentially violated economic, social
and cultural rights?
03. What is a ‘shoot-to-kill’ policy and why is it problematic according to Alston?
04. What concerns do Marks and Clapham raise about understanding counter-terrorism policy in terms of
striking a fair balance between human rights and national security?
05. In what ways was the UK Supreme Court’s judgment in the case of Shamima Begum problematic
according to the texts by Immanuel and Wishart and Kane?

Further Reading
01. Saul, B (ed), Research Handbook on International Law and Terrorism (Routledge, 2nd ed 2020)
02. Juss, SS (ed), Beyond Human Rights and the War on Terror (Routledge 2019)
03. Duffy, H, The ‘War on Terror’ and the Framework of International Law (2nd ed CUP 2015) Chs 7-11
04. Janik, R, ‘Terrorism’, in Binder, C, et al (eds), Elgar Encylopedia of Human Rights (Edward Elgar 2022)
05. Bantekas, I and Oette, L, International Human Rights Law and Practice (3rd ed CUP 2020) pp.365-380 and
785-831

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06. Bianchi, A, ‘Counterterrorism and International Law’, in Chenoweth, E, et al (eds), The Oxford Handbook of
Terrorism (OUP 2019)
07. Said, WE, ‘The Destabilizing Effect of Terrorism in the International Human Rights Regime’ (2021) UCLA Law
Review 1800
08. Lohne, K, ‘Observing Justice at Guantánamo Bay: Human Rights NGOs and Trial Monitoring at the US
Military Commissions’ (2021) 22 Human Rights Review 193
09. Johns, F, ‘Guantánamo Bay and the Annihilation of the Exception’ (2005) 16 European Journal of
International Law 613
10. Duffy, H, ‘Dignity Denied: A Case Study’, in Paulussen, C, and Scheinin, M (eds), Human Dignity and Human
Security in Times of Terrorism (Springer 2020) 67
11. Reinsberg, L, ‘IACHR Condemns Guantánamo Abuses in First “War on Terror” Decision’ Just Security (7 July
2020)
12. Mutua, M, ‘Terrorism and Human Rights: Power, Culture, and Subordination’ (2002) 8 Buffalo Human Rights
Law Review 1
13. Baxi, U, Human Rights in a Posthuman World: Critical Essays (OUP 2008) Ch 5
14. Anghie, A, Imperialism, Sovereignty and the Making of International Law (CUP 2004) Ch 6
15. Kalahan, A et al, ‘Colonial Continuities: Human Rights, Terrorism, and Security Laws in India’ (2006) 20
Columbia Journal of Asian Law 93
16. Bianchi, A, ‘Fear’s Legal Dimension: Counterterrorism and Human Rights’ in Boisson de Chazournes, L, and
Kohen, M (eds), International Law and the Quest for its Implementation (Martinus Nijhoff 2010) 175
17. Scheinin, M, ‘Report of the Special Rapporteur on the Promotion and Protection of Human Rights and
Fundamental Freedoms While Countering Terrorism’ UN Doc A/HRC/6/17 (21 November 2007) (terrorism
and economic, social and cultural rights)
18. Milanovic, M, ‘Norm Conflict in International Law: Whither Human Rights?’ (2009) 20 Duke Journal of
Comparative & International Law 69
19. Tzanakopoulos, A, ‘Sharing Responsibility for UN Targeted Sanctions’, in Barros, AS, Ryngaert, C, and
Wouters, J (eds), International Organizations and Member State Responsibility: Critical Perspectives (Brill
2016) 139
20. Duffy, H, Guidelines for Addressing the Threats and Challenges of “Foreign Terrorist Fighters” within a Human
Rights Framework (OSCE Office Democratic Institutions 2018)
21. Spadaro, A, ‘Repatriation of Family Members of Foreign Fighters: Individual Right or State Prerogative?’
(2020) 70 International and Comparative Law Quarterly 251
22. Pinto, M, ‘The Denationalisation of Foreign Fighters: How European States Expel Unwanted Citizens (2018)
9 The King’s Student Law Review 67
23. Mehra, T, and Paulussen, C, ‘The Repatriation of Foreign Fighters and Their Families: Options, Obligations,
Morality and Long-Term Thinking’ ICCT (6 March 2019)
24. Aatreya, SS, ‘Shamima Begum and the Right to Enter One’s Own Country’ Opinio Juris (9 March 2021)
25. St Vincent, S, ‘In Shamima Begum Case, UK Supreme Court Dismisses Rights and Overlooks Potential
Victimhood’ Just Security (26 February 2021)
26. Nesiah, V, ‘Feminism as Counter-Terrorism: The Seduction of Power’ in Satterthwaite, ML and Huckerby, JC
(eds), Gender, National Security and Counter-Terrorism: Human Rights Perspectives (Routledge 2013) 127
27. Ni Aoláin, F, and Huckerby, J, ‘Gendering Counterterrorism: How to, and How Not to – Parts I and II’ Just
Security (1 and 3 May 2018)
28. Heller, KJ, ‘One Hell of a Killing Machine: Signature Strikes and International Law’ (2013) 11 Journal of
International Criminal Justice 89
29. Emmerson, B, ‘Report of the Special Rapporteur on the Promotion and Protection of Human Rights and
Fundamental Freedoms While Countering Terrorism’ A/HRC/31/65 (29 April 2016) (violent extremism)
30. Oette, L, ‘The Prohibition of Torture and Persons Living in Poverty: From the Margins to the Centre’ (2021)
70 International & Comparative Law Quarterly 307
31. Farrell, M, ‘The Marks of Civilisation: The Special Stigma of Torture’ (2022) 22 Human Rights Law Review

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SESSION 7 RACE, RELIGION, AND HUMAN RIGHTS
FRIDAY 22 SEPTEMBER 2023, 13.15 – 15.00

In this session, we will examine different dimensions of the relationship between race, religion, and human rights.
The session will begin with a discussion of discrimination in the history of human rights and the global production
of knowledge in the field. The session will then examine key concepts of non-discrimination and equality in
international human rights law, with a particular focus on racial and ethnic profiling. The session will conclude
with a critical debate on gender equality and the veil.

Compulsory Reading [46 pages]


Human Rights Hierarchies
01. Hill-Cawthorne, L, ‘‘Racism will not pass’…’ EJIL:Talk (20 July 2020) [5 pages]
02. Barreto Soler, JM, ‘Third World Approaches to International Law’, in C Binder et al (eds), Elgar
Encyclopedia of Human Rights (Edward Elgar 2022) 383 [4 pages]
03. Jensen, SLB, ‘Decolonization – Not Western Liberals – Established Human Rights on the Global
Agenda’ OpenGlobalRights (29 September 2016) [2 pages]
Non-Discrimination, Equality, and Intersectionality
04. Broderick, A., ‘Prohibition of Discrimination’, in C Binder et al (eds), Elgar Encyclopedia of Human Rights
(Edward Elgar 2022) 514 [8 pages]
05. Fredman, S, ‘Intersectional Discrimination in EU Gender Equality and Non-Discrimination Law’
(Luxembourg Publications Office of the European Union 2016) pp.27-38 [10 pages]
Racial and Ethnic Profiling
06. Achiume, ET, ‘Putting Racial Equality onto the Global Human Rights Agenda’ (2018) 28 SUR
International Journal on Human Rights 141, pp.141-147 [6 pages]
07. Moeckli, D, ‘Racial and Ethnic Profiling’ in C Binder et al (eds), Elgar Encyclopedia of Human Rights
(Edward Elgar 2022) 116 [3 pages]
08. Salomon, S, ‘The Racialized Borders of the Netherlands’ Verfassungsblog (29 January 2022) [4 pages]
Gender Equality and the Veil
09. Critical Debate Reading: Berry, S, ‘SAS v France: Does Anything Remain of the Right to Manifest
Religion?’ EJIL:Talk! (2 July 2014) [4 pages]

Critical Debate Leadership: Gender Equality and the Veil [31 pages]
10. Kapur, R, ‘Alterity, Gender Equality and the Veil’ in R Kapur, Gender, Alterity and Human Rights:
Freedom in a Fishbowl (Edward Elgar 2018) 120 [26 pages]
11. Berry, S, ‘The UN Human Rights Committee Disagrees with the European Court of Human Rights Again:
The Right to Manifest Religion by Wearing a Burqa’ EJIL:Talk! (3 January 2019) [5 pages]
Optional Recommended Reading (i.e., only if time)
12. Case of SAS v France, Application No. 43835/11, ECtHR, Judgment (1 July 2014) paras 10-14,
74, 106-163 and Joint Partly Dissenting Opinion of Judges Nussberger and Jäderblom [21
pages]

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Reading Questions
01. What is the relationship between international (human rights) law and racism according to Hill-
Cawthorne?
02. Reflecting on the paper by Barreto Soler, what is TWAIL and what are some of the different ways that
human rights have been conceptualised from a TWAIL perspective?
03. In what ways does Jensen suggest that the evolution of human rights was never just a Western project
but a pluralist project that included important forms of engagement from the Global South?
04. Reflecting on the overview of the prohibition of discrimination under human rights law elaborated by
Broderick, what are some of the key challenges and trends that are evident in the interpretation and
application of non-discrimination and equality norms at the international level?
05. What is intersectional discrimination and what is the significance of shifting from ‘intersectionality as
identity’ towards ‘structural intersectionality’ according to Fredman?
06. How does Achiume define “race” and an “anti-subordination approach” to racial discrimination?
07. How is racial and ethnic profiling governed by human rights law according to Moeckli?
08. What concerns does Salomon raise about the District Court in The Hague’s decision concerning
immigration controls in the Netherlands?

Further Reading
01. Moeckli, D, ‘Equality and Non-Discrimination’, in D Moeckli et al (eds), International Human Rights Law
(3rd ed, OUP 2017) 148
02. Atrey, S, and Fredman, S (eds), Exponential Inequalities: Equality Law in Times of Crisis (OUP 2023)
03. Anghie, A, Imperialism, Sovereignty and the Making of International Law (CUP 2004) Ch 2
04. Douzinas, C, Human Rights and Empire: The Political Philosophy of Cosmopolitanism (Routledge 2007)
05. Mutua, M, ‘Savages, Victims, and Saviors: The Metaphor of Human Rights’ (2001) 42 HILJ 201
06. Gathii, JT, ‘The Promise of International Law: A Third World View’ Grotius Lecture Presented at the
2020 Virtual Annual Meeting of the American Society of International Law (25 June 2020)
07. Gathii, JT, ‘Studying Race in International Law Scholarship Using a Social Science Approach’ (2021)
22 Chicago Journal of International Law
08. Gathii, JT, ‘Writing Race and Identity in a Global Context: What CRT and TWAIL Can Learn From Each
Other’ (2021) 67 UCLA Law Review 1610
09. Marks, S, & Clapham, A, ‘Racism’, in S Marks & A Clapham, International Human Rights Lexicon (OUP
2005) 287
10. Bradley, AS, ‘Human Rights Racism’ (2019) 32 Harvard Human Rights Journal 1
11. Parmar, S, ‘The Internationalisation of Black Lives Matter at the Human Rights Council’ EJIL:Talk! (26
June 2020)
12. George, E, Martin, J, and Van Ho, T, ‘Reckoning: A Dialogue about Racism, Anti-Racists, and Business
& Human Rights’ (2021) 30 Washington International Law Journal 171
13. Buzas, Z, Evading International Norms: Race and Rights in the Shadow of Legality (University of
Pennsylvania Press 2021)
14. Hilton, A, ’70 Years Ago Black Activists Accused the US of Genocide. They Should Have Been Taken
Seriously’ Politico (26 December 2021)
15. Hilton, A, ‘Black Genocide and the Limits of Law’ Opinio Juris (13 January 2022)
16. Knox, R, ‘Valuing Race? Stretched Marxism and the Logic of Imperialism’ (2016) 4 LRIL 81
17. Miller, Z, ‘The Injustices of Time: Rights, Race, Redistribution, and Responsibility’ (2021) 52 Chicago
Human Rights Law Review 647
18. Tzouvala, N, ‘Review Essay: Settler Colonialism, Race, and the Law: Why Structural Racism Persists
by Natsu Taylor Saito (New York University Press, 2020)’ (2020) 21 MJIL

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19. Achiume, TE, ‘Report of the Special Rapporteur on Contemporary Forms of Racism, Racial
Discrimination, Xenophobia and Racial Intolerance’ UN Doc A/74/321 (21 August 2019) (reparations for
racial discrimination rooted in slavery and colonialism)
20. UN High Commissioner for Human Rights, ‘Promotion and Protection of the Human Rights and
Fundamental Freedoms of Africans and People of African Descent Against Excessive Use of Force and
Other Human Rights Violations by Law Enforcement Officers’, Report UN Doc A/HRC/47/53 (1 June
2021) and Conference Room Paper UN Doc A/HRC/47/CRP.1 (28 June 2021)
21. Theilen, JT, ‘Intersectionality’s Travels to International Human Rights Law’ (2023) 45 Michigan Journal
of International Law
22. Mayrhofer, M, ‘Intersectionality’, in C Binder et al (eds), Elgar Encyclopedia of Human Rights (Edward
Elgar 2022) 328
23. Bejarano, CA, ‘Law at the Intersection: Feminist Legal Theory, Critical Race Theory’, in I Wall et al (ed),
The Critical Legal Pocketbook (Counterpress 2021) 151
24. Bond, J, Global Intersectionality and Contemporary Human Rights (OUP 2021)
25. Atrey, S, and Dunne, P (eds), Intersectionality and Human Rights Law (Hart Publishing 2020)
26. De Beco, G, ‘Protecting the Invisible: An Intersectional Approach to International Human Rights Law’
(2017) 17 Human Rights Law Review 633
27. Ojanen, T, ‘Terrorist Profiling: Human Rights Concerns’ (2010) 3 Critical Studies on Terrorism 295
28. Thornberry, P, The International Convention on the Elimination of All Forms of Racial Discrimination: A
Commentary (OUP 2016)
29. Keane, D, ‘Mapping the International Convention on the Elimination of All Forms of Racial Discrimination
as a Living Instrument’ (2020) 20 Human Rights Law Review 236
30. Foster, M, and Baker, TR, ‘Racial Discrimination in Nationality Laws: A Doctrinal Blind Spot of
International Law?’ (2021) 11 Columbia Journal of Race and Law 83
31. Marks, S, & Clapham, A, ‘Religion’, in S Marks & A Clapham, International Human Rights Lexicon (OUP
2005) 309
32. McGoldrick, D, ‘Thought, Expression, Association, and Assembly’, in D Moeckli et al (eds), International
Human Rights Law (3rd ed, OUP 2017) 208
33. Neo, JL, ‘Realizing the Right to Freedom of Thought, Conscience and Religion: The Limited Normative
Force of the ASEAN Human Rights Declaration’ (2017) 17 Human Rights Law Review 729
34. Holder, R, ‘On the Intersectionality of Religious and Racial Discrimination: A Case Study on the
Applicability of ICERD with Respect to China’s Uyghur Muslim Minority’ (2019) 14 Religion and Human
Rights 1
35. Mutua, M, Human Rights: A Political and Cultural Critique (Uni of Pennsylvania Press 2002) Chs 4-5
36. Nesiah, V, ‘The Ground Beneath Her Feet: “Third World” Feminisms’ (2003) 4 JIWS 30
37. Kapur, R, ‘Un-Veiling Equality: Disciplining the ‘Other’ Woman Through Human Rights Discourse’ in
Emon, AM, Elis, M, & Glahn, B (eds), Islamic Law and International Human Rights Law (OUP 2012) 265
38. Kapur, R, ‘Gender and the “Faith” in Law: Equality, Secularism, and the Rise of the Hindu Nation’ (2020)
35 Journal of Law and Religion 407
39. Berry, S, ‘Aligning Interculturalism with International Human Rights Law: ‘Living Together’ without
Assimilation’ (2018) 18 Human Rights Law Review 441
40. Hwang, S-P, ‘Margin of Appreciation in Pursuit of Pluralism? Critical Remarks on the Judgments of the
European Court of Human Rights on the ‘Burqa Bans’ (2020) 20 Human Rights Law Review 361
41. Sayed, IU, ‘Hijab, Niqab, and the Religious Symbol Debates: Consequences for Health and Human
Rights’ (2020) The International Journal of Human Rights 1

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SESSION 8 GENDER, SEXUALITY, AND HUMAN RIGHTS
TUESDAY 26 SEPTEMBER 2023, 15.15 – 17.00

In this session, we will examine different dimensions of gender, sexuality, and human rights. The session will
begin with a critical discussion of efforts to promote women’s rights, first from the perspective of the development
of international human rights instruments and jurisprudence, and second from the perspective of women’s rights
advocacy. We will then turn to discuss recent jurisprudence of the Court of Arbitration for Sport concerning the
definition of ‘sportswoman’. The session will conclude with a critical debate on sexuality rights.

Compulsory Reading [51-71 pages]


01. Read one of the following:
a. Otto, D, ‘Women’s Rights’, in D Moeckli et al (eds), International Human Rights Law (3rd ed,
OUP 2017) 309, pp.309-321 [12 pages]
b. Campbell, M, ‘Women’, in C Binder et al (eds), Elgar Encyclopedia of Human Rights (Edward
Elgar 2022) 572 [4 pages]
02. Mavronicola, N, ‘Redistributing Punishment: The Limited Vision of Coercive Human Rights’ EJIL:Talk!
(23 October 2020) [3 pages]
03. Srinivasan, A, ‘Sex, Carceralism, Capitalism’ in A Srinivasan, The Right to Sex: Feminism in the Twenty-
First Century (Farrar, Straus and Giroux 2021) 149 [30 pages]
04. McGlynn, C, ‘Challenging Anti-Carceral Feminism: Criminalisation, Justice and Continuum Thinking’
(2022) 93 Women’s Studies International Forum [6 pages]
05. Read one of the following:
a. Holzer, L, ‘What Does it Mean to be a Woman in Sports? An Analysis of the Jurisprudence of
the Court of Arbitration for Sport’ (2020) 20 Human Rights Law Review 387, pp.387-403 [16
pages]
b. Holzer, L, ‘The Decision of the Swiss Federal Supreme Court in the Caster Semenya Case: A
Human Rights and Gender Analysis’ Opinio Juris (30 September 202) [4 pages]
06. Critical Debate Reading: O’Hara, C, ‘Law & Critique: Que(e)rying the ECHR’s ‘European Consensus’
Critical Legal Thinking (7 June 2021) [4 pages]

Critical Debate Leadership: Sexuality Rights and ‘European Consensus’ [21 pages]
07. O’Hara, C, ‘Consensus, Difference and Sexuality: Que(e)rying the European Court of Human Rights’
Concept of ‘European Consensus’’ (2021) 32 Law and Critique 91 [21 pages]

Reading Questions
01. How have conceptions of women’s rights shifted over time and what are the potential and limitations of
the substantive equality approach that underpins the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW) according to Otto and Campbell?
02. Reflecting on the texts by Mavronicola, Srinivasan, and McGlynn, what concerns have been raised
about carceral feminism and coercive human rights?
03. What does the jurisprudence of the Court of Arbitration for Sport reveal about the mobilisation of
‘science’ and rigid categorisations in the definition of women in sports? What are some of the gendered
and racialised effects of the testosterone rules identified by Holzer?

Further Reading
Gender, Sexuality and Human Rights
01. Engle, K, Nesiah, V, and Otto, D, ‘Feminist Approaches to International Law’ SSRN (6 April 2021)
02. Engle, K, ‘Sexual Violence in Conflict and Women’s Human Rights’, in K Engle, The Grip of Sexual
Violence in Conflict: Feminist Interventions in International Law (Stanford University Press 2020) 18

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03. Kapur, R, ‘Gender, Sovereignty and the Rise of a Sexual Security Regime in International Law and
Postcolonial India’ (2013) 14 Melbourne Journal of International Law 317
04. Kapur, R, and Cossman, B, ‘Subversive Sites 20 Years Later: Rethinking Feminist Engagements with
Law’ (2018) 44 Australian Feminist Law Journal 265
05. Kapur, R, 'Freedom, Women's Rights and the Rise of the Sexual Security Regime', in • Kapur, R,
Gender, Alterity and Human Rights (Edward Elgar 2018) 85
06. Chinkin, C, ‘Women, Peace and Security: A Human Rights Agenda?’ in G de Búrca, Legal Mobilization
for Human Rights (OUP 2022)
07. Marks, S & Clapham, A, ‘Women’, in Marks & Clapham, International Human Rights Lexicon (OUP
2005) 411
08. Davidson, NR, ‘The Feminist Expansion of the Prohibition of Torture: Towards a Post-Liberal Human
Rights Law?’ (2019) Cornell International Law Journal (2019) 109
09. Otto, D, ‘Lost in Translation: Re-scripting the Sexed Subjects of International Human Rights Law’, in A
Orford (ed), International Law and Its Others (CUP 2006) 318
10. Ahmed, A, ‘Bandung’s Legacy: Solidarity and Contestation in Global Women’s Rights’, in L. Eslava, M.
Fakhri, and V. Nesiah (eds), Bandung, Global History, and International Law (CUP 2017) 450
11. Oloka-Onyango, J, and Tamala, S, ‘“The Personal is Political” or Why Women’s Rights are Indeed
Human Rights: An African Perspective on International Feminism’ (1991) 17 HRQ 692
12. Kapur, R, ‘The Tragedy of Victimization Rhetoric: Resurrecting the Native Subject in
International/Postcolonial Feminist Legal Politics’ (2002) 15 Harvard Human Rights Law Journal 1
13. Miller, AM, ‘Sexuality, Violence Against Women, and Human Rights: Women Make Demands and
Ladies Get Protection’ (2004) 7 Health and Human Rights 16
14. Anderson, K, ‘Violence Against Women: State Responsibilities in International Human Rights Law to
Address Harmful ‘Masculinities’’ (2008) 26 Netherlands Quarterly of Human Rights 173
15. Halley, J, et al, ‘From the International to the Local in Feminist Legal Responses to Rape,
Prostitution/Sex Work, and Sex Trafficking: Four Studies in Contemporary Governance Feminism’
(2006) 29 Harvard Journal of Law & Gender 335
16. Halley, J, ‘Rape at Rome: Feminist Interventions in the Criminalization of Sex-Related Violence in
Positive International Criminal Law’ (2008) 30 Michigan Journal of International Law 1
17. Charlesworth, H, ‘Not Waving But Drowning: Gender Mainstreaming and Human Rights’ (2005) Harvard
Human Rights Journal 6
18. Nussbaum, MC, ‘Women’s Progress and Women’s Human Rights’ (2016) 38 HRQ 589
19. Campbell, M, ‘CEDAW and Women’s Intersecting Identities: A Pioneering New Approach to
Intersectional Discrimination’ (2015) Revista Direito GV 479
20. Cheah, WL, ‘CEDAW, Transforming Stereotypes, and Judicial Obligations: The Provoked Killing of
Women in India, Malaysia, and Singapore’ Human Rights Quarterly (forthcoming)
21. Heerdt, D, ‘Transgender Women Athlete Exclusion in Disguised: Assessing FINA’s ‘Gender Inclusion
Policy’ under International Human Rights Law’ Verfassungsblog (8 July 2022)
22. Tamale, S, ‘Challenging the Coloniality of Sex, Gender and Sexuality’ in S Tamale, Decolonization and
Afro-Feminism (Daraja Press 2020) 92
23. Holzer, ‘The European Court of Human Rights in the Caster Semenya Case: Opening a New Door for
Protecting the Rights of Persons with Variations of Sex Characteristics and Human Rights in Sports’
Opinio Juris (4 August 2023)
24. Gilleri, G, and Winkler, ML, ‘Of Athletes, Bodies, and Rules: Making Sense of Caster Semenya’ (2021)
Journal of Law Medicine and Ethics
25. OHCHR, Intersection of Race and Gender Discrimination in Sport UN Doc A/HRC/44/26 (15 June 2020)
26. Sircar, O, and Jain, D (eds), New Intimacies, Old Desires: Law, Culture and Queer Politics (Zubaan
2016)

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27. Hellum, A (ed), Human Rights, Sexual Orientation, and Gender Identity (Routledge 2017)
28. Otto, D (ed), Queering International Law: Possibilities, Alliances, Complications, Risks (Routledge 2018)
29. Duffy, S, ‘Contested Subjects of Human Rights: Trans- and Gender-variant Subjects of International
Human Rights Law’ (2021) 84 Modern Law Review 1041
30. Chua, LJ, ‘LGBTQ+ Rights Mobilization and Authoritarianism’, in G de Búrca, Legal Mobilization for
Human Rights (OUP 2022)
31. Otto, D, ‘Queering Gender [Identity] in International Law’ (2015) 33 Nordic Journal of Human Rights 299
32. Simm, G, ‘Queering CEDAW? Sexual Orientation, Gender Identity and Expression and Sex
Characteristics (SOGIESC) in International Human Rights Law’ (2020) 29 Griffith Law Review 374
33. Rosenblum, D, ‘Unsex CEDAW, or What’s Wrong with Women’s Rights’ (2011) 20 CJGL 98
34. Langlois, AJ, ‘Review Article: Curiosity, Paradox and Dissatisfaction: Queer Analyses of Human Rights’
(2018) 47 Millennium: Journal of International Studies 153
35. Rahman, M, ‘Queer Rights and the Triangulation of Western Exceptionalism’ (2014) 13 JHR 274
36. Waites, M, ‘Critique of “Sexual Orientation” and “Gender Identity” in Human Rights Discourse: Global
Queer Politics Beyond the Yogyakarta Principles’ (2009) 15 Contemporary Politics 137
37. Carpenter, M, ‘Intersex Human Rights, Sexual Orientation, Gender Identity, Sex Characteristics and the
Yogyakarta Principles plus 10’ (2021) 23 Culture, Health & Sexuality 516
38. Hamzic, V, ‘The Case of Queer Muslims: Sexual Orientation and Gender Identity in International Human
Rights Law and Muslim Legal and Social Ethos’ (2011) 11 Human Rights Law Review 237
39. Holzer, L, ‘Smashing the Binary? A New Era of Legal Gender Registration in the Yogyakarta Principles
Plus 10’ (2020) 1 International Journal of Gender, Sexuality and Law 98
40. Bassetti, ME, ‘Human Rights Bodies’ Adjudication of Trans People’s Rights: Shifting the Narrative from
the Right to Private Life to Cruel and Inhuman or Degrading Treatment’ (2020) 12 EJLS 291
41. Coscini, V, ‘Relationships as a Form of Self-Expression in Regional and International Human Rights
Jurisprudence’ (2020) 29 Griffith Law Review 351
42. McNeilly, K, ‘Sex/Gender Is Fluid, What Now for Feminism and International Human Rights Law? A Call
to Queer the Foundations’, in Rimmer, SH and Ogg, K (eds), Research Handbook on Feminist
Engagement with International Law (Edward Elgar 2019) 430

Coercive Human Rights


01. Weber, BD, ‘Anticarceral Internationalism: Rethinking Human Rights through the Imprisoned Black
Radical Tradition’ (2021) 106 Journal of African American History 706
02. Sex Worker Inclusive Feminist Alliance, ‘Impact of Criminal Law on the Health, Safety and Human
Rights of Sex Workers’ Opinio juris (21 June 2023)
03. Pinto, M, ‘Coercive Human Rights and the Forgotten History of the Council of Europe’s Report on
Decriminalisation’ (2023 86 Modern Law Review 1108.
04. Pinto, M, ‘Historical Trends of Human Rights Gone Criminal’ (2020) 42 Human Rights Quarterly 729
05. Lavrysen, L, and Mavronicola, N (eds), Coercive Human Rights: Positive Duties to Mobilise the Criminal
Law under the ECHR (Hart Publishing 2020)
06. Tapia Tapia, S, ‘Beyond Carceral Expansion: Survivors’ Experiences of Using Specialised Courts for
Violence Against Women in Ecuador’ (2020) 30 Social & Legal Studies 848
07. Tapia Tapia, S, ‘A Decolonial Feminist Critique of Penality’ Critical Legal Thinking (29 March 2021)
08. Tapia Tapoa, S, Feminism, Violence Against Women and Law Reform: Decolonial Lessons from
Ecuador (Routledge 2022)
09. Engle, K, et al (eds), Anti-Impunity and the Human Rights Agenda (CUP 2016)
10. Engle, K, ‘Anti-Impunity and the Turn to Criminal Law in Human Rights’ (2015) 100 CLR 1069

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11. Sedacca, N, ‘The “Turn” to Criminal Justice in Human Rights Law: An Analysis in the Context of the
2016 Colombian Peace Agreement’ (2019) 19 Human Rights Law Review 315
12. Huneeus, A, ‘International Criminal Law By Other Means: The Quasi-Criminal Jurisdiction of the Human
Rights Courts’ (2017) 107 American Journal of International Law 1
13. Pinto, M, ‘Awakening the Leviathan through Human Rights Law: How Human Rights Bodies Trigger the
Application of Criminal Law’ (2018) 34 Utrecht Journal of International and European Law 161
14. Sayed, H, ‘The Regulatory Function of the Turn to Anti-Impunity in the Practice of International Human
Rights Law (2019) 55 Stanford Journal of International Law 1
15. Malarino, E, ‘Judicial Activism, Punitivism and Supranationalism: Illiberal and Antidemocratic
Tendencies of the Inter-American Court of Human Rights’ (2012) 12 ICLR 665
16. Mégret, F, and Calderón, J-P, ‘The Move Towards a Victim-Centred Concept of Criminal Law and the
“Criminalization” of Inter-American Human Rights Law: A Case of Human Rights Law Devouring Itself?’
in Y Haeck, et al (eds), The Inter-American Court of Human Rights (Intersentia 2015)
17. Pinto, H, ‘Of Sex and War: Carceral Feminism and its Anti-Carceral Critique’ (2020) 8 LRIL 351
18. Bernstein, E, ‘Carceral Politics as Gender Justice? The “Traffic in Women” and Neoliberal Circuits of
Crime, Sex, and Rights’ (2012) 41 Theory and Society 233
19. Haldemann, F, and Unger, T (eds), The United Nations Principles to Combat Impunity: A Commentary
(OUP 2018)

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SESSION 9 MIGRATION AND HUMAN RIGHTS
FRIDAY 29 SEPTEMBER 2022, 13.15 – 15.00

In this session, we will examine different dimensions of the relationship between migration and human rights.
The session will begin with an overview of the history and legal framework of international refugee law, including
consideration of the different ways the field intersects with international human rights law. We will also discuss
several critical reflections on contemporary global migration law. The session will conclude with a critical debate
on the right to be rescued at sea.

Compulsory Reading [37 pages + short video]


International Refugee Law
01. Edwards, A, ‘International Refugee Law’, in D Moeckli et al (eds), International Human Rights Law (3rd
ed, OUP 2017) 539 [14 pages]
The Myth of Difference
02. Ramasubramanyam, J, ‘Some Refugees are Welcome, Others Not So Much’ Völkerrechtsblog (28 April
2022) [2 pages]
03. Wu, M, ‘The Historic Case of Teitiota: Climate-Induced Asylum and Its Future’ Opinio Juris (12 October
2020) [3 pages]
04. Mann, I, ‘The New Palestinian Refugees’ EJIL:Talk! (19 May 2021) [5 pages]
Framing Global Migration Law
05. Ramji-Nogales, J, ‘Moving Beyond the Refugee Law Paradigm’ (2018) 111 AJIL Unbound 8 [4 pages]
06. Achiume, ET, ‘Reimagining International Law for Global Migration: Migration as Decolonization?’ (2018)
111 AJIL Unbound 142 [4 pages]
07. Thomas, C, ‘Mapping Global Migration Law, or the Two Batavias’ (2018) 111 AJIL Unbound 504 [5
pages]
Migrants at Sea
08. Critical Debate Video: Mann, I, ‘A New Approach to Defending the Human Rights of Migrants’ TED
Fellows: Shape Your Future (May 2021) (accessible here) [5 mins]

Critical Debate Leadership: Migrants at Sea [16-46 pages]


09. Read at least one of the following papers:
a. Pijnenburg, A, ‘From Italian Pushbacks to Libyan Pullbacks: Is Hirsi 2.0 in the Making in
Strasbourg?’ (2018) 20 European Journal of Migration and Law 396 [30 pages]
b. Hahn, C., and Istrefi, K., ‘Unchartered Waters: Solidarity with Migrants at Sea and the Freedom
of Expression’ (2023) German Law Journal [16 pages]
Optional Recommended Reading (i.e., only if time)
10. Gammeltoft-Hansen, T, ‘Extraterritorial Human Rights Obligations in Regard to Refugees and
Migrants’, in Gibney, M, et al (eds), The Routledge Handbook on Extraterritorial Human Rights
Obligations (2021) 153, pp.153-163 [11 pages]

Reading Questions
01. What is the relationship between international refugee law and international human rights law?
02. How is the term ‘refugee’ defined under the 1951 Convention Relating to the Status of Refugees?
03. What is the principle of non-refoulement and what is its significance for refugees and asylum seekers?
04. What is the myth of difference and what is its relevance to the international refugee law regime according
to Ramasubramanyam?
05. Is the Teitiota decision by the Human Rights Committee a historic or pyrrhic victory according to Wu?

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06. What is the possible tension between seeking asylum abroad and the Palestinian struggle for self-
determination identified by Mann?
07. What problems do Ramji-Nogales, Thomas, and Achiume identify with global migration law and what
avenues do they suggest for addressing these issues? Do you find their arguments convincing?

Further Reading
Migration and Human Rights
01. Castello, C, Foster, M, and McAdam, J (eds), Oxford Handbook of International Refugee Law (OUP 2021)
02. Juss, SS (ed), Research Handbook on International Refugee Law (Edward Elgar 2019)
03. Chetail, V, International Migration Law (OUP 2019) pp.169-198
04. Goodwin-Gill, G, ‘The Dynamic of International Refugee Law’ (2014) 25 Int’l Journal of Refugee Law 651
05. Kesby, A, ‘Refugee Chains’, in J Hohmann and D Joyce (eds), International Law’s Objects (OUP 2018) 399
06. Paz, M, ‘The Law of Walls’ (2017) 28 European Journal of International Law 601
07. Ramji-Nogales, J, ‘Migration Emergencies’ (2017) 68 Hastings Law Journal 609
08. Thomas, C, ‘What Does the Emerging International Law of Migration Mean for Sovereignty?’ (2013) 14
Melbourne Journal of International Law 392
09. Achiume, ET, ‘Migration as Decolonization’ (2019) 71 Stanford Law Review 1509
10. Achiume, ET, ‘Race, Refugees, and International Law’, in C Costello et al (eds), The Oxford Handbook of
International Refugee Law (OUP 2021) 43
11. Jackson Sow, M, ‘Ukrainian Refugees, Race, and International Law’s Choice Between Order and Justice’
(2022) 116 American Journal of International Law 698
12. Costello, C, and Foster, M, ‘(Some) Refugees Welcome: When is Differentiating between Refugees Unlawful
Discrimination?’ (2022) 22 International Journal of Discrimination and the Law 244
13. Mann, I, ‘Between Asylum and Liberation Struggles: The New Palestinian Refugees’ (2023) 34 European
Journal of International Law 491
14. Achiume, ET, and Bâli, A, ‘Race and Empire: Legal Theory Within, Through, and Across National Borders’
(2021) 67 UCLA Law Review 1386
15. Gonzalez, CG, ‘Migration as Reparation: Climate Change and the Disruption of Borders’ (2020) 66 Loyola
Law Review 401
16. Thomas, C, ‘The Struggle Against Empire Continues: Reflections on Migration as Decolonization’ (2020) 72
Stanford Law Review Online 53
17. Priya Morley, S, ‘Connecting Race and Empire: What Critical Race Theory Offers Outside the US Legal
Context’ (2022) 69 UCLA Law Review 100
18. de Vries, K, and Spijkerboer, T, ‘Race and the Regulation of International Migration. The Ongoing Impact of
Colonialism in the Case Law of the European Court of Human Rights’ (2021) 39 NQHR 291
19. Woldemariam, SB, Maguire, A, and von Meding, J, ‘Forced Human Displacement, the Third World and
International Law: A TWAIL Perspective’ (2019) 20 Melbourne Journal of International Law 248
20. Linos, K, and Chacko, E, ‘Refugee Responsibility Sharing or Responsibility Dumping?’ (2022) SSRN
21. Anker, DE, ‘Refugee Law, Gender and the Human Rights Paradigm’, (2002) 15 Harvard Human Rights
Journal 133
22. Fernandez, B, ‘Queer Border Crossers: Pragmatic Complicities, Indiscretions and Subversions’, in D Otto
(ed), Queering International Law: Possibilities, Alliances, Complicities, Risks (Routledge 2017)
23. Wilde, R, ‘The Unintended Consequences of Expanding Migrant Rights Protections’ (2018) 111 AJIL
Unbound 487
24. Chauhan, I, and Singh Bedi, H, ‘Exploring Legal Avenues for the Protection of Environmental Migrants
Through a Rights Lens’, in Singh, P et al. (eds), Global Climate Change and Environmental Refugees: Nature,
Framework and Legality (Springer 2023) 215
25. Jegede, AO, ‘Rights Away from Home: Climate-Induced Displacement of Indigenous Peoples and the
Extraterritorial Application of the Kampala Convention’ (2016) 16 African Human Rights Law Journal 58

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26. Pijnenburg, A, ‘Containment Instead of Refoulement: Shifting State Responsibility in an Age of Cooperative
Migration Control?’ (2020) 20 Human Rights Law Review 306
27. Hathaway, O, Stevens, M, and Lim, P, ‘COVID-19 and International Law: Refugee Law – The Principle of
Non-Refoulement’ Just Security (30 November 2020)
28. Vallandro do Valle, MF, ‘Leading Just a Crack for Socioeconomic-Based Non-Refoulement’ Völkerrechtsblog
(15 November 2021)
29. Hathaway, JC, ‘The Global Cop-Out on Refugees’ (2018) 30 International Journal of Refugee Law 591
30. Chimni, BS, ‘Global Compact on Refugees: One Step Forward, Two Steps Back’ (2018) 30 International
Journal of Refugee Law 630
31. Galbraith, J, ‘Temporary International Legal Regimes as Frames for Permanent Ones’ (2014) Netherlands
Yearbook of International Law 41
32. Stewart, M, ‘“A New Law on Earth”: Hannah Arendt and the Vision for a Positive Legal Framework to
Guarantee the Right to Have Rights’ (2021) 62 Virginia Journal of International Law
Migrants at Sea
01. Mann, I, Humanity at Sea: Maritime Migration and the Foundations of International Law (CUP 2016)
02. Mann, I, ‘The Right to Perform Rescue at Sea: Jurisprudence and Drowning’ (2020) 21 GLJ 598
03. Papachristodoulou, A, ‘The Recognition of a Right to be Rescued at Sea in International Law’ (2022) 35
Leiden Journal of International Law 337
04. Keitner, CI, ‘Extraterritorial Rights of Refugees’ SSRN (2022)
05. Mann, I, ‘Maritime Legal Black Holes: Migration and Rightlessness in International Law’ (2018) European
Journal of International Law 347
06. Moreno-Lax, V, Ghezelbash, D, and Klein, D, ‘Between Life, Security and Rights: Framing the Interdiction of
‘Boat Migrants’ in the Central Mediterranean and Australia’ (2019) 32 Leiden Journal of International Law 715
07. Trevisanut, S, ‘Is There a Right to be Rescued at Sea? A Constructivist View’ (2014) QIL 3
08. Papstavridis, ED, ‘Is There a Right to be Rescued at Sea? A Skeptical View’ (2014) QIL 17
09. Milanovic, M, ‘Drowning Migrants, the Human Rights Committee, and Extraterritorial Human Rights
Obligations’ EJIL:Talk! (16 March 2021)
10. ‘Frontex and the Rule of Law’ Verfassungsblog (September 2022) (accessible here)
11. ‘Special Issue: Border Justice: Migration and Accountability for Human Rights Violations’ (2020) 21 German
Law Journal (GLJ) 311
12. Tan, NF, and Gammeltoft-Hansen, T, ‘A Topographical Approach to Accountability for Human Rights
Violations in Migration Control’ (2020) 21 GLJ 335
13. Çali, B, Costello, C, and Cunningham, S, ‘Hard Protection through Soft Courts? Non-Refoulement before the
United Nations Treaty Bodies’ (2020) 21 GLJ 355
14. Moreno-Lax, V, ‘The Architecture of Functional Jurisdiction: Unpacking Contactless Control – On Public
Powers, S.S. and Others v. Italy, and the “Operational Model”’ (2020) 21 GLJ 385
15. Ferstman, C, ‘Human Rights Due Diligence Policies Applied to Extraterritorial Cooperation to Prevent
“Irregular” Migration: European Union and United Kingdom Support to Libya’ (2020) 21 GLJ 459
16. Davitti, D, ‘Beyond the Governance Gap: Accountability in Privatised Migration Control’ (2020) 21 GLJ 487
17. Fink, M, ‘Action for Damages as a Fundamental Rights Remedy: Holding Frontex Liable’ (2020) 21 GLJ 532
18. Fink, M, Frontex and Human Rights: Responsibility in ‘Multi-Actor Situations’ under the ECHR and EU Public
Liability Law (OUP 2018)
19. Fink, M, ‘Why is it so Hard to Hold Frontex Accountable: On Blame-Shifting and an Outdated Remedies
System’ EJIL:Talk! (26 November 2020)
20. Mann, I, and Permoser, JM, ‘Visibility and Crime at Sea’ Verfassungsblog (9 July 2021)
21. Mann, I, ‘The Armed Lifeboat Between Glasgow and Bruzgi’ Völkerrechtsblog (14 February 2022)
22. Keady-Tabbal, N, and Mann, I, ‘“Pushbacks” as Euphemism”’ EJIL:Talk! (14 April 2021)
23. Eleftheriadis, P, ‘Pushbacks and Lawlessness’ EJIL:Talk! (25 March 2022)

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SESSION 10 GROUPS, CLIMATE CRISIS, AND HUMAN RIGHTS
WEDNESDAY 4 OCTOBER 2023, 15.15 – 17.00
In this session, we will examine different dimensions of the relationship between groups and human rights. The
session will begin by reviewing the evolution of the right of self-determination, including its application in different
contexts. We will also discuss human rights advocacy in the specific context of indigenous peoples’ land claims
within human rights institutions in the Americas and Africa. The session will conclude with a critical debate on
the relationship between human rights and the climate crisis.

Compulsory Reading [41 pages]


01. Macklem, P, ‘Self-Determination in Three Movements’ in P Macklem, The Sovereignty of Human Rights
(OUP 2015) 163 [20 pages]
02. Read at least one of the following:
a. Knox, R, ‘International Law, Self-Determination and Political Co-option’, in Building a New
Catalonia: Self-Determination and Emancipation (Pol-len 2019) 235 [9 pages]
b. Reynolds, J., ‘Decolonising the Chagos Islands?’ (2018/19) Nigerian Yearbook of International
Law 455 [10 pages]
03. Achiume, ET, ‘Transformative Vision in Liberal Rights Jurisprudence on Racial Equality: A Lesson from
Justice Moseneke’ (2017) Acta Juridica 179, pp.189-198 [9 pages]
04. Critical Debate Reading: Raible, L, ‘Expanding Human Rights Obligations to Facilitate Climate
Justice? A Note on Shortcomings and Risks’ EJIL:Talk! (15 November 2021) [3 pages]

Critical Debate Leadership: The Climate Crisis [40 pages]


05. Cima, E, ‘The Right to a Healthy Environment: Reconceptualizing Human Rights in the Face of Climate
Change’ (2022) Review of European, Comparative & International Environmental Law 38 [10 pages]
06. Keller, H, and Heri, C, ‘The Future is Now: Climate Cases Before the ECtHR’ (2022) Nordic Journal of
Human Rights [21 pages]
07. Read at least one of the following:
a. Gonzalez, CG, ‘The Right to a Healthy Environment and the Global South’ (2023) 117 AJIL
Unbound 173 [6 pages]
b. Petersmann, M-C, ‘Climate Change Needs a Relational, Embodied and Unbounded
Perspective’, in M Hulme (ed), ‘Contemporary Climate Change Debates: A Student Primer’
(Routledge 2020) 165 [6 pages]
08. Read at least one of the following:
a. Niehaus, M, ‘Protecting Whose Children?’ Verfassungsblog (23 March 2022) [3 pages]
b. Voigt, C., ‘UNHRC is Turning up the Heat: Human Rights Violations Due to Inadequate
Adaptation Action to Climate Change’ EJIL:Talk! (26 September 2022) [5 pages]
c. Clark, P, et al, ‘Climate Change and the European Court of Human Rights: The Portuguese
Youth Case’ EJIL:Talk! (6 October 2020) [4 pages]
d. Nollkaemper, A, and Burgers, L, ‘A New Classic in Climate Change Litigation: The Dutch
Supreme Court Decision in the Urgenda Case’ EJIL:Talk! (6 January 2020) [8 pages]
Optional Recommended Reading (i.e., only if time)
09. Fraser, J, and Henderson, L, ‘The Human Rights Turn in Climate Change Litigation and
Responsibilities of Legal Professionals’ (2022) 40 NQHR 3 [8 pages]

Reading Questions
01. What are the three movements in the historical evolution of self-determination identified by Macklem?
02. How does self-determination relate to the concepts of sovereignty and human rights?
03. What is the distinction between external and internal self-determination?

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04. Reflecting on the papers by Knox and/or Reynolds, what do the situations of the Catalonians and
Chagossians reveal about the potential and limits of self-determination?
05. What concerns does Achiume raise about the SADC Tribunal’s decision in Campbell?

Further Reading
Group Rights
01. McCorquodale, R, ‘Group Rights’, in D Moeckli et al (eds), International Human Rights Law (3rd ed, OUP
2017) 344
02. Bantekas, I and Oette, L, International Human Rights Law and Practice (3rd ed, CUP 2020), pp.463-507
03. Sparks, T, Self-Determination in the International Legal System: Whose Claim, to What Rights? (Hart
2023)
04. McKenna, MB, Reckoning with Empire: Self-Determination in International Law (Brill 2023)
05. Human Rights Watch “That’s When the Nightmare Started” UK and US Forced Displacement of the
Chagossians and Ongoing Colonial Crimes (HRW 2023)
06. de Waal, A, and Nouwen, SMH, ‘The Necessary Indeterminacy of Self-Determination: Politics, Law and
Conflict in the Horn of Africa’ (2021) 27 Nations and Nationalism 41
07. Wheatley, N, and Moyn, S, ‘Towards a History of the Decolonization of International Law: An
Introduction to the Special Issue’ (2021) 23 Journal of the History of International Law 1
08. Shahabuddin, M, Minorities and the Making of Postcolonial States in International Law (CUP 2021)
09. Senaratne, K, Internal Self-Determination in International Law: History, Theory, and Practice (CUP
2021)
10. Knox, R, and Tzouvala, N, ‘Looking Eastwards: The Bolshevik Theory of Imperialism and International
Law’ in Greenman, K, et al (eds), Revolutions in International Law: The Legacies of 1917 (CUP 2021)
27
11. Moses, AD, Duranti, M, and Burke, R, Decolonization, Self-Determination and the Rise of Global Human
Rights Politics (CUP 2020)
12. Samset, I, ‘Towards Decolonial Justice’ (2020) 14 International Journal of Transitional Justice 596
13. Getachew, A, Worldmaking after Empire (Princeton University Press 2019)
14. Shahabuddin, M, ‘Post-colonial Boundaries, International Law, and the Making of the Rohingya Crisis
in Myanmar’ (2019) 9 Asian Journal of International Law 334
15. Lu, C, ‘Decolonizing Borders, Self-Determination and Global Justice’ in D Bell (ed), Empire, Race and
Global Justice (CUP 2019) 251
16. Massad, J, ‘Against Self-Determination’ (2018) 9 Humanity 161
17. Lu, C, Justice and Reconciliation in World Politics (CUP 2017)
18. Ibhawoh, ‘Nationalist and Anti-Colonialists’, in B Ibhawoh, Human Rights in Africa (CUP 2017) 130
19. Eslava, L, Fakhri, M, and Nesiah, V (eds), Bandung, Global History, and International Law (CUP 2017)
20. Whitehall, D, ‘A Rival History of Self-Determination’ (2016) 27 European Journal of International Law
719
21. Jensen, SLB, The Making of International Human Rights: The 1960s, Decolonization, and the
Reconstruction of Global Values (CUP 2016)
22. Senaratne, K, ‘Internal Self-Determination in International Law: A Critical Third-World Perspective’
(2013) 3 Asian Journal of International Law 305
23. Burke, R, Decolonization and the Evolution of International Human Rights (University of Pennsylvania
Press 2010)
24. Moyn, S, ‘Why Anticolonialism Wasn’t a Human Rights Movement’ in S Moyn, The Last Utopia: Human
Rights in History (Harvard University Press 2010) 84

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25. Mutua, M, ‘Why Redraw the Map of Africa: A Moral and Legal Inquiry’ (1995) 16 Michigan Journal of
International Law 1113
26. Cotula, L, ‘Between Hope and Critique: Human Rights, Social Justice and Re-Imagining International
Law from the Bottom Up’ (2020) 48 Georgia Journal of International and Comparative Law 473
27. Engle, K, ‘On Fragile Architecture: The UN Declaration on the Rights of Indigenous Peoples in the
Context of Human Rights’ (2011) 22 EJIL 141
28. Churchill, W, ‘A Travesty of a Mockery of a Sham: Colonialism as ‘Self-Determination’ in the UN
Declaration on the Rights of Indigenous Peoples’ (2011) 20 Griffith Law Review 526
29. Petersmann, M-C, ‘Contested Indigeneity and Traditionality in Environmental Litigation: The Politics of
Expertise in Regional Human Rights Courts’ (2021) 21 Human Rights Law Review 132
30. Larsen, PB, and Gilbert, J, ‘Indigenous Rights and ILO Convention 169: Learning from the Past and
Challenging the Future’ (2020) 24 The International Journal of Human Rights 83
31. Diergarten, Y, ‘Indigenous or Out of Scope? Large-scale Land Acquisitions in Developing Countries,
International Human Rights Law and the Current Deficiencies in Land Rights Protection’ (2019) 19
Human Rights Law Review 37
32. Nagy, R, ‘Transformative Justice in a Settler Colonial Transition: Implementing the UN Declaration on
the Rights of Indigenous Peoples in Canada’ (2021) The International Journal of Human Rights
33. Duarte, M, Morales, D, and Peña, ES, ‘Unprecedented Ruling for Indigenous Peoples by Inter-American
Court of Human Rights’ Open Global Rights (3 July 2020)
34. Rodriguez-Garavito, C, and Baquero-Diaz, CA, ‘Reframing Indigenous Rights: The Right to Consultation
and the Rights of Nature and Future Generations in the Sarayaku Legal Mobilization’ in de Búrca, G
(ed), Legal Mobilization for Human Rights (OUP 2022)
35. Achiume, ET, ‘The SADC Tribunal: Sociopolitical Dissonance and the Authority of International Courts’,
in Alter, KJ, Helfer, LR, and Madsen, MR (eds), International Court Authority (OUP 2018) 124
36. Moyo, A, ‘Defending Human Rights and the Rule of Law by the SADC Tribunal: Campbell and Beyond’
(2009) 9 African Human Rights Law Journal 590
The Climate Crisis and Human Rights
01. UNEP, Global Climate Litigation Report: 2023 Status Review (UNEP 2023)
02. Venn, A, ‘Rendering International Human Rights Law Fit for Purpose on Climate Change’ (2023) Human
Rights Law Review.
03. Dehm, J., ‘Beyond Climate Due Diligence: Fossil Fuels, “Red Lines” and Reparations’ (2023) 8 Business
and Human Rights Journal 151.
04. Natarajan, U, ‘Who Do We Think We Are? Human Rights in a Time of Ecological Change’, in U
Natarajan and J Dehm (eds), Locating Nature: Making and Unmaking International Law (CUP 2022)
200.
05. Mégret, F, ‘The Anthropocentrism of Human Rights’, in V. Chapaux, F. Mégret, and U. Natarajan (eds),
The Routledge Handbook of International Law and Anthropocentrism (Routledge 2023) 35
06. Auz, J, and Viveros-Uehara, T, ‘Another Advisory Opinion on the Climate Emergency? The Added
Value of the Inter-American Court of Human Rights’ EJIL:Talk! (2 March 2023)
07. Petersmann, M-C, When Environmental Protection and Human Rights Collide: The Politics of Conflcit
Management by Regional Courts (CUP 2022)
08. Heri, C, ‘Climate Change before the European Court of Human Rights: Capturing Risk, Ill-Treatment
and Vulnerability’ (2022) 33 EJIL 925
09. Zahar, A, ‘The Limits of Human Rights Law: A Reply to Corina Heri’ (2022) 33 EJIL 953
10. Heri, C, ‘Legal Imagination, and the Turn to Rights in Climate Litigation: A Rejoinder to Zahar’ EJIL:Talk!
(6 October 2022)
11. Suedi, Y, and Fall, M, ‘Climate Change Litigation before the African Human Rights System: prospects
and Pitfalls’ (2023) Journal of Human Rights Practice.

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12. Suedi, Y, ‘Litigating Climate Change before the Committee on the Rights of the Child in Sacchi v
Argentina et al: Breaking New Ground?’ (2022) Nordic Journal of Human Rights 549
13. Achiume, T.E., ‘Ecological Crisis, Climate Justice and Racial Justice’ Report of the Special Rapporteur
on Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance
A/77/549 (24 October 2022).
14. Lock, R, and Vanhala, L, ‘International NGOs and the (Non) Mobilization of Human Rights in the Context
of Climate Change: An Inconvenient Frame?, in de Búrca, G (ed), Legal Mobilization for Human Rights
(OUP 2022)
15. Rosamond, AB, and Davitti, D, ‘Gender, Climate Breakdown and Resistance: The Future of Human
Rights in the Shadow of Authoritarianism’' (2022) Nordic Journal of Human Rights
16. ‘Symposium: Comparative Climate Litigation in North-South Perspective’ Völkerrechtsblog (2022) (here)
17. Donger, E, ‘Children and Youth in Strategic Climate Litigation: Advancing Rights Through Legal
Argument and Legal Mobilization’ (2022) 11 Transnational Environmental Law 263
18. Pain, N, ‘Human Rights Law Can Drive Climate Change Mitigation’ in Mayer, B, and Zahar, A, Debating
Climate Law (CUP 2021) 145
19. Thornton, F, ‘The Absurdity of Relying on Human Rights Law to Go After Emitters’, in Mayer, B, and
Zahar, A, Debating Climate Law (CUP 2021) 159
20. Lewis, B, ‘Children’s Human Rights-based Climate Litigation at the Frontiers of Environmental and
Children’s Rights’ (2021) 2 Nordic Journal of Human Rights 180
21. Auz, J, ‘Situating the Inter-American Human Rights System in the Oscillation of International Law’ (2021)
2 Journal of Law and Political Economy
22. Savaresi, A, ‘The UN HRC Recognizes the Right to a Healthy Environment and Appoints a New Special
Rapporteur on Human Rights and Climate Change. What Does It All Mean?’ EJIL:Talk! (12 Oct 2021)
23. Savaresi, A., ‘Human Rights and the Impacts of Climate Change: Revisiting the Assumptions’ (2021)
11 Oñati Socio-Legal Series 231.
24. Varvastian, S, ‘The Advent of International Human Rights Law in Climate Change Litigation’ (2021) 38
Wisconsin International Law Journal 369
25. Mayer, B, ‘Climate Change Mitigation as an Obligation under Human Rights Treaties?’ (2021) 115
American Journal of International Law 409
26. Beauregard, C, et al, ‘Climate Justice and Rights-Based Litigation in a Post-Paris World’ (2021) 21
Climate Policy 652
27. Jodoin, S, et al, ‘Rights-Based Approaches to Climate Decision-Making’ (2021) 52 Current Opinion in
Environmental Sustainability 45
28. Smit, L, and Alogna, I, Human Rights Due Diligence for Climate Change Impacts (BIICL 2021)
29. Meguro, M, ‘Litigating Climate Change through International Law: Obligations Strategy and Rights
Strategy’ (2020) 33 Leiden Journal of International Law 933
30. Gonzalez, C.G., ‘Migration as Reparation: Climate Change and the Disruption of Borders’ (2020) 66
Loyola Law Review 401
31. Gonzalez, CG, ‘Climate Change, Race, and Migration’ (2020) 1 Journal of Law & Political Economy 109
32. Setzer, J, and Benjamin, L, ‘Climate Litigation in the Global South: Constraints and Innovations’ (2020)
9 Transnational Environmental Law 77
33. ‘Symposium on Jaqueline Peel & Jolene Lin, “Transnational Climate Litigation: The Contribution of the
Global South”’ (2020) 114 AJIL Unbound 35
34. Alston, P., ‘Climate Change and Poverty’, Report of the Special Rapporteur on Extreme Poverty and
Human Rights A/HRC/41/39 (17 July 2019).
35. Peel, J, and Lin, J, ‘Transnational Climate Litigation: The Contribution of the Global South’ (2019) 113
American Journal of International Law 679

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36. Seck, SL, ‘Moving Beyond the E-Word in the Anthropocene’, in Margolies, DS et al, The Extraterritoriality
of Law: History, Theory, Politics (Routledge 2019) 49
37. Varvastian, S, ‘The Human Right to a Clean and Healthy Environment in Climate Change Litigation’
(2019) MPIL Research Paper Series No. 2019-09
38. Natarajan, U, and Dehm, J, ‘Where is the Environment? Locating Nature in International Law’ TWAIL
Review 3/2019 (2019)
39. Wewerinke-Singh, M, State Responsibility, Climate Change and Human Rights under International Law
(Hart Publishing 2019)
40. Boyle, A, ‘Climate Change, the Paris Agreement and Human Rights’ (2018) 67 International and
Comparative Law Quarterly 759
41. Peel, J, and Osofsky, HM, ‘A Rights Turn in Climate Change Litigation?’ (2018) 7 Transnational
Environmental Law 37
42. Powless, B., ‘The Indigenous Rights Framework and Climate Change’ in S. Duyck et al. (eds.),
Routledge Handbook of Human Rights and Climate Governance (Routledge 2018) 213
43. Dehm, J, ‘Post Paris Reflections: Fossil Fuels, Human Rights and the Need to Excavate New Ideas for
Climate Justice’ (2017) 8 Journal of Human Rights and the Environment 280
44. Knox, J, ‘Report of the Special Rapporteur on the Issue of Human Rights Obligations Relating to the
Enjoyment of a Safe, Clean, Health and Sustainable Environment’ A/HRC/31/52 (1 February 2016)
45. Sandvig, J, et al, ‘Can the ECHR Encompass the Transnational and Intertemporal Dimensions of
Climate Harm?’ EJIL:Talk! (23 June 2021)
46. Macchi, C, ‘The Climate Change Dimension of Business and Human Rights: The Gradual Consolidation
of a Concept of ‘Climate Due Diligence’’ (2021) 6 Business and Human Rights Journal 93
47. Le Moli, G, ‘The Human Rights Committee, Environmental Protection and the Right to Life’ (2020) 69
International and Comparative Law Quarterly 735
48. Hickel, J, ‘The Imperative of Redistribution in an Age of Ecological Overshoot: Human Rights and Global
Inequality’ (2019) Humanity 416
49. Alston, P, ‘Climate Change and Poverty’ UN Doc A/HRC/41/39 (17 July 2019)
50. Saab, A, ‘Human Rights, Climate Change, and the Right to Food’ in A Saab, Narratives of Hunger in
International Law: Feeding the World in Times of Climate Change (CUP 2019) 111
51. Sikkink, K, ‘Global Rights and Responsibilities: Climate Change and Digital Defense against the Dark
Arts’, in K Sikkink, The Hidden Face of Rights: Toward a Politics of Responsibilities (YUP Press 2020)
52. Gonzalez, CG, ‘Environmental Justice, Human Rights, and the Global South’ (2015) 13 Santa Clara
Journal of International Law 151

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SESSION 11 POVERTY AND HUMAN RIGHTS
FRIDAY 6 OCTOBER 2023, 13.15 – 15.00
In this session, we will examine different dimensions of the relationship between poverty and human rights. The
session will begin by reflecting on the definition of poverty and its relationship to inequality, before examining
the promise and perils of a human rights-based approach in this context. We will then discuss the relationship
between neoliberalism and human rights in the context of contestation over the rights to food and water. The
session will conclude with a critical debate on the right to medicines in an age of neoliberalism.

Compulsory Reading [27 pages]


01. Marks, S, ‘Human Rights and the Bottom Billion’, (2009) 1 European Human Rights Law Review 37 [9
pages]
02. Aguilar, GO, and Saiz, I, ‘Tackling Inequality as Injustice: Four Challenges for the Human Rights
Agenda’ openDemocracy (30 March 2016) [2 pages]
03. Read at least one of the following:
a. Saab, A, ‘International Law and Feeding the World in Times of Climate Change’ (2018) 9
Transnational Legal Theory 288 [14 pages]
b. Clark, C, ‘Of What Use is a Deradicalized Human Right to Water?’ (2017) 17 Human Rights
Law Review 231, pp.241-260 [20 pages]
04. Critical Debate Reading: Slobodian, Q, ‘Human Rights Against Dominium’ Humanity Blog (4 October
2019) [2 pages]

Critical Debate Leadership: The Right to Medicines in an Age of Neoliberalism [20 pages]
05. Kapczynski, A, ‘The Right to Medicines in an Age of Neoliberalism’ (2019) 10 Humanity 79, pp.79-95
[17 pages]
06. Wang, DWL, ‘Rights, Politics and the Political Economy of Medicines’ Humanity Blog (4 October 2019)
[3 pages]
07. Orford, A, ‘Broken Bargains’ London Review of Books (5 May 2021) [1 page]
Optional Recommended Reading (i.e., only if time)
08. Matthews, D, ‘Intellectual Property Rights’, in C Binder et al (eds), Elgar Encyclopedia of Human
Rights (Edward Elgar 2022) 66 [9 pages]
09. Joseph, S, and Dore, GJ, ‘Vaccine Apartheid: A Human Rights Analysis of COVID-19 Vaccine
Inequity’ (2021-2022) 31 Journal of Transnational Law and Policy 145, pp.166-188 [23 pages]
10. Sekalala, S, et al, ‘Decolonising Human Rights Law: Intellectual Property Laws Result in Unequal
Access to the COVID-19 Vaccine’ (2021) 6 BMJ Global Health 1 [6 pages]

Reading Questions
01. What are the different ways of framing the relationship between human rights and poverty?
02. What does Marks mean by “poverty is not just a condition, but a relationship”?
03. What are the human rights challenges posed by widening inequality according to Aguilar and Saiz?
04. What is the difference between the neoliberal narrative of hunger and food sovereignty narrative of
hunger according to Saab? In what ways does international law limit the options food sovereignty
advocates have to challenge the dominant neoliberal narrative and its underlying assumptions?
05. What risks have the water justice movement confronted in terms of their demands being deradicalized
by focusing on the right to water according to Clark? What practical benefits and counter-hegemonic
possibilities have arisen from engagement with the right to water?

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Further Reading
01. Egan, S, and Chadwick, A (eds), Poverty and Human Rights: Multidisciplinary Perspectives (Edward Elgar 2021)
02. MacNaughton, G, Frey, D, and Porter, C (eds), Human Rights and Economic Inequalities (CUP 2021)
03. Salomon, M.E., ‘Emancipating Human Rights: Capitalism and the Common Good’ (2023) LJIL
04. O’Hara, C, et al, ‘World-Making Through Market Morality: A Conversation About Human Rights, Neoliberalism and
Political Struggle’ (2021) Australian Feminist Law Journal
05. Dehm, J, Golder, B, and Whyte, J, ‘Introduction: ‘Redistributive Human Rights?’ Symposium’ (2020) 8 London
Review of International Law 225
06. Bantekas, I and Oette, L, International Human Rights Law and Practice (3rd ed CUP 2020) Chs 9 and 14
07. Rajagopal, B, International Law From Below (CUP 2003) Chs 4-7
08. Anghie, A, Imperialism, Sovereignty and the Making of International Law (CUP 2004) Chs 4- 5
09. Tzouvala, N, Capitalism as Civilisation (CUP 2020)
10. Pogge, T, ‘Recognized and Violated by International Law: The Human Rights of the Global Poor’ (2005) 18 Leiden
Journal of International Law 717
11. Klein, N, The Shock Doctrine: The Rise of Disaster Capitalism (Metropolitan Books 2007) Ch 5
12. Salomon, ME, Global Responsibility for Human Rights: World Poverty and the Development of International Law
(OUP 2007)
13. Baxi, U, The Future of Human Rights (3rd ed OUP 2008) Ch 8
14. Pahuja, S, Decolonizing International Law: Development, Economic Growth and the Politics of Universality (CUP
2011) Chs 4-5
15. Marks, S, ‘Human Rights and Root Causes’ (2011) 74 Modern Law Review 57
16. Salomon, ME, ‘Why Should It Matter That Others Have More? Poverty, Inequality, and the Potential of International
Human Rights Law’ (2011) 37 Review of International Studies 2137
17. Salomon, ME, ‘Winners and Others: Accounting for International Law’s Favourites’ in C Gearty and C Douzinas
(eds), The Cambridge Companion to Human Rights Law (CUP 2012) 271
18. Salomon, ME, ‘Of Austerity, Human Rights and International Institutions’ (2015) 21 European Law Journal 521
19. Salomon, ME, ‘Nihilists, Pragmatists and Peasants: A Dispatch on Contradiction in International Human Rights
Law’, in Christodoulidis, E, et al (eds), Research Handbook on Critical Legal Theory (Edward Elgar 2019) 509
20. Marks, S, ‘Four Human Rights Myths’ in D Kinley et al (eds), Human Rights: Old Problems, New Possibilities
(Edward Elgar 2013) 217
21. Macklem, P, The Sovereignty of Human Rights (OUP 2015) Ch 8
22. Eslava, L, Local Space, Global Life: The Everyday Operation of International Law and Development (CUP 2015)
23. Alston, P, ‘Report of the Special Rapporteur on Extreme Poverty and Human Rights’ UN Doc A/HRC/29/31 (27 May
2015) (human rights, extreme poverty, and extreme inequality)
24. Beckett, J, ‘Creating Poverty’, in A Orford and F Hoffmann (eds), The Oxford Handbook of the Theory of
International Law (OUP 2016) 985
25. Nolan, A (ed), Economic and Social Rights after the Global Financial Crisis (CUP 2016)
26. Alston, P, ‘Report of the Special Rapporteur on Extreme Poverty and Human Rights’ UN Doc A/HRC/32/31 (28
April 2016) (marginalization of economic and social rights)
27. Tasioulas, J, ‘Minimum Core Obligations: Human Rights in the Here and Now’ and ‘‘The Minimum Core of the
Human Right to Health’ Research Papers (October 2017)
28. ‘Symposium: John Tasioulas’ Minimum Core Obligations in Economic, Social and Cultural Rights’ Blog of James G
Stewart (May-June 2018)
29. Linarelli, J, et al, The Misery of International Law (OUP 2018) Ch 7
30. Moyn, S, Not Enough: Human Rights in an Unequal World (Harvard University Press 2018) Chs 5-7
31. Whyte, J, ‘Powerless Companions or Fellow Travellers? Human Rights and the Neoliberal Assault on Post-Colonial
Economic Justice’ (2018) 2 Radical Philosophy 13
32. Slobodian, Q, Globalists (Harvard University Press 2018) Ch 4

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33. Manfredi, Z, ‘An Unlikely Resonance? Subjects of Human Rights and Subjects of Human Capital Reconsidered’ in
B Golder and D McLoughlin (eds), The Politics of Legality in a Neoliberal Age (Routledge 2018) 161
34. O’Connell, P, ‘Human Rights: Contesting the Displacement Thesis’ (2018) 69 Northern Ireland Legal Quarterly 19
35. Nolan, A, ‘Privatization and Economic and Social Rights’ (2018) 40 Human Rights Quarterly 815
36. Salomon, ME, and Scheinin, M, ‘Book Review: Samuel Moyn, Not Enough: Human Rights in an Unequal World,
Harvard University Press, 2018’ (2019) 32 Leiden Journal of International Law (2019) 609
37. Anghie, A, ‘Inequality, Human Rights, and the New International Economic Order’ (2019) 10 Humanity 429
38. Dehm, J, ‘Righting Inequality: Human Rights to Economic Inequality in the United Nations’ (2019) 10 Humanity 443
39. Yepes, R, and Hernández, SC, ‘Inequality, Human Rights, and Social Rights: Tensions and Complementarities’
(2019) 10 Humanity 376
40. Young, K (ed), The Future of Economic and Social Rights (CUP 2019)
41. Alston, P, and Reisch, N, Tax, Inequality, and Human Rights (OUP 2019)
42. De Schutter, O, et al, ‘Re-Righting the International Tax Rules: Operationalising Human Rights in the Struggle to
Tax Multinational Companies’ (2020) 24 The International Journal of Human Rights 1370
43. Wilde, R, ‘Pursuing Global Socio-Economic, Colonial and Environmental Justice through Economic Redistribution:
The Potential Significance of Human Rights Treaty Obligations’ in C Binder et al (eds), Research Handbook on
International Law and Social Rights (Edward Elgar 2020) 56
44. Alston, P, ‘The Parlous State of Poverty Eradication: Report of the Special Rapporteur on Extreme Poverty and
Human Rights’ UN Doc A/HRC/44/40 (2 July 2020)
45. Fredman, S, ‘Poverty and Human Rights: A Peril and A Promise’, in D Akande et al (eds) Human Rights and 21st
Century Challenges (OUP 2020) 222
46. Bonadiman, L and Soirila, U, ‘Human Rights, Populism, and the Political Economy of the World’ (2020) 37 Nordic
Journal of Human Rights 301
47. Van Den Meerssche, D, ‘A Legal Black Hole in the Cosmos of Virtue – The Politics of Human Rights Critique Against
the World Bank’ (2021) 21 Human Rights Law Review 80
48. Goldmann, M, ‘Contesting Austerity in the 1970s and 1980s: When Human Rights Went Missing’ in Venzke, I, and
Heller, KJ (eds), Contingency in International Law: On the Possibility of Different Legal Histories (OUP 2021) 297
49. O’Connell, ‘Human Rights Futures’ (2021) SSRN
50. Birchall, D, ‘Reconstructing State Obligations to Protect and Fulfil Socio-Economic Rights in an Era of Marketisation’
(2022) 71 International and Comparative Law Quarterly 227
51. Corkery, A, ‘Can Human Rights Help Social Movement Activists Frame Inequality as an Injustice? Lessons from
Mining Affected Communities in South Africa’ (2022) 44 Human Rights Quarterly 364
52. Birchall, D, ‘Challenging the Commodification of Human Rights: The Case of the Right to Housing’ (2021) 19 Santa
Clara Journal of International Law 1
53. Fantini, E, ‘An Introduction to the Human Right to Water: Law, Politics, and Beyond’ (2020) WIREs Water 1
54. Reiners, N, ‘Despite or Because of Contestation? How Water Became a Human Rights’ (2021) 43 HRQ 329
55. Dugard, J, ‘Water Rights Struggles in Johannesburg and Detroit Revisited: Looking Beyond Courts at the Politics
and Power of Rights-Based Legal Mobilization in a Neoliberal Global Order: A ‘Powerpack’ Analysis’ (2023) 15
Journal of Human Rights Practice 46
56. Saab, A, Narratives of Hunger in International Law (CUP 2019)
57. Chadwick, A, Law and the Political Economy of Hunger (OUP 2019)
58. Fakhri, M, and Tzouvala, N, ‘International Law and the Right to Food: What We Can Learn from Racial Justice
Movements’ EJIL:Talk! (19 August 2020)
59. Fakhri, M, ‘The Right to Food in the Context of International Trade Law and Policy’ Interim Report of the Special
Rapporteur on the Right to Food UN Doc A/75/219 (22 July 2020)
60. Fakhri, M, Report of the Special Rapporteur on the Right to Food UN Doc A/HRC/46/33 (24 December 2020)
61. ‘Symposium: The Right to Medicines in an Age of Neoliberalism’ Humanity Blog (4 October 2019)

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SESSION 12 DIGITAL TECHNOLOGY AND HUMAN RIGHTS
TUESDAY 10 OCTOBER 2023, 15.15 – 17.00

In this session, we will examine different dimensions of the relationship between digital technology and human
rights. The session will begin by exploring the current neoliberal model of Internet governance, including the
Information-Industrial-Complex and its significance in the political economy of the Internet. We will then discuss
the relationship between human rights and different forms of digital surveillance deployed and/or enabled by
online platforms, states, and private industry. The session will conclude with a critical debate on online
disinformation.

Compulsory Reading [41 pages]


01. Zalnieriute, M, ‘The Anatomy of Neoliberal Internet Governance: A Queer Critical Political Economy
Perspective’, in Otto, D (ed), Queering International Law: Possibilities, Alliances, Complicities, Risks
(Routledge 2018) 53 [21 pages]
02. Read at least two of the following:
a. Balkin, J, ‘Fixing Social Media’s Grand Bargain’ (2018) Aegis Series Paper No. 1814, pp.1-5 [5
pages]
b. Zalnieriute, M, ‘Procedural Fetishism and Mass Surveillance under the ECHR: Big Brother
Watch v UK’ Verfassungsblog (2 June 2021) [4 pages]
c. Bloch, J, et al, ‘CTRL+HALT+Defeat: State Sponsored Surveillance and the Suppression of
Dissent’ Just Security (15 May 2019) [4 pages]
03. Critical Debate Reading: Access Now, Informing the Disinfo Debate: A Policy Guide for Protecting
Human Rights (Access Now 2021), pp.6-18 [12 pages]

Critical Debate Leadership: Online Disinformation [24 pages]


04. Khan, I, ‘Disinformation and Freedom of Opinion and Expression’, Report of the Special Rapporteur on
the Promotion and Protection of the Right to Freedom of Opinion and Expression UN Doc A/HRC/47/25
(13 April 2021) [18 pages]
05. Griffin, R, ‘Why Fundamental Rights are Not Enough to Remedy Injustices of Contemporary Social
Media’ Verfassungsblog (25 February 2022) [3 pages]
06. Singh, A, ‘Addressing Climate Change Disinformation to Help Build Consensus for Solutions’ Tech
Policy Press (28 July 2022) [3 pages]
Optional Recommended Reading (i.e., only if time)
07. BSR, Building a High-Quality Climate Science Information Environment: The Role of Social Media
(BSR 2022), pp.5-31 [26 pages]

Reading Questions
01. What are the competing narratives about the Internet identified by Zalnieriute? What is the Information-
Industrial-Complex and what is its relationship to human rights?
02. What is social media’s ‘Digital Grand Bargain’ identified by Balkin? Why is it objectionable?
03. Why were the ECtHR Grand Chamber judgments in Big Brother Watch and Centrum för rättvisa not
landmark victories according to Milanovic?
04. What are the human rights obligations and responsibilities of States and companies implicated in the
spread and use of spyware according to Bloch et al?

Further Reading
Digital Governance
01. Hamilton, R, ‘Governing the Global Public Square’ (2021) 62 Harvard International Law Journal 117
02. Waldman, A.E., Industry Unbound: The Inside Story of Privacy, Data, and Corporate Power (CUP 2021)

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03. York, J., Silicon Values: The Future of Free Speech Under Surveillance Capitalism (Verso 2021)
04. Kapczynski, A, ‘The Law of Informational Capitalism’ (2020) 129 Yale Law Journal 1276
05. Deibert, R, Reset: Reclaiming the Internet for Civil Society (House of Anansi Press 2020)
06. Bloch-Wehba, H, ‘Global Platform Governance: Private Power in the Shadow of the State (2020) 72 SMU
Law Review 27
07. Cohen, JE, Between Truth and Power: The Legal Constructions of Informational Capitalism (OUP 2019)
08. Owen, T., ‘The Case for Platform Governance’ (2019) CIGI Papers No. 231
09. Gorwa, R, ‘What Is Platform Governance?’ (2019) 22 Information, Communication & Society 854
10. Eichensehr, K.E., ‘Digital Switzerlands’ (2019) 167 University of Pennsylvania Law Review 665
11. Gorwa, R, ‘The Platform Governance Triangle: Conceptualising the Informal Regulation of Online Content’
(2019) 8 Internet Policy Review
12. Amnesty International, Surveillance Giants: How the Business Model of Google and Facebook Threatens
Human Rights (2019)
13. Gillespie, T, Custodians of the Internet (YUP 2018)
14. Land, M.K., and Aronson, J.D., New Technologies for Human Rights Law and Practice (CUP 2018)
15. Bernal, P., The Internet, Warts and All: Free Speech, Privacy and Truth (CUP 2018)
16. Vaidhyanathan, S., Antisocial Media (OUP 2018)
17. Khan, L., ‘Sources of Tech Platform Power’ (2018) 2 Georgetown Law Technology Review 325
18. Klonick, K, ‘The New Governors: The People, Rules, and Processes Governing Online Speech’ (2018) 131
Harvard Law Review 1598
19. Balkin, JM, ‘Free Speech is a Triangle’ (2018) 118 Columbia Law Review 2011
20. O’Hara, K., & Hall, W., ‘Four Internets: The Geopolitics of Digital Governance’ CIGI Papers (2018)
21. Keller, D, ‘Internet Platforms: Observations on Speech, Danger, and Money’ (2018) Aegis Paper 1808
22. Citron, DK, ‘Extremist Speech, Compelled Conformity and Censorship Creep’ (2018) 93 Notre Dame LR 1035
23. Goldsmith, J., ‘The Failure of Internet Freedom’ Emerging Threats (13 June 2018)
24. Kaye, D., ‘The Limits of Supply-Side Internet Freedom’ Emerging Threats (13 June 2018)
25. Tufekci, Z., ‘How Social Media Took Us from Tahrir Square to Donald Trump’ MIT Technology Review (14
August 2018)
26. Eichensehr, K.E., ‘Public-Private Cybersecurity’ (2017) 95 Texas Law Review 467
27. Tufekci, Z, Twitter and Tear Gas: The Power and Fragility of Networked Protest (Yale University Press 2017)
28. MacKinnon, R., Consent of the Networked: The Worldwide Struggle for Internet Freedom (Basic Books 2012)

State Surveillance
01. Privacy International, PI’s Guide to International Law and Surveillance (Privacy International 2022)
02. Milanovic, M, ‘Surveillance and Cyber Operations’, in M. Gibney et al. (eds). The Routledge Handbook on
Extraterritorial Human Rights Obligations (Routledge 2022) 366
03. Bloch-Wehba, H., ‘Content Moderation as Surveillance’ (2022) Berkeley Technology Law Journal
04. Ayalew, Y.E., ‘Untrodden Paths Towards the Right to Privacy in the Digital Era under African Human Rights
Law’ (2022) International Data Privacy Law
05. Watt, E, State Sponsored Cyber Surveillance: The Right to Privacy of Communications and International Law
(Edward Elgar 2021)
06. Christakis, T., and Bouslimani, K., ‘National Security, Surveillance and Human Rights’, in R. Geiss and N.
Melzer (eds), The Oxford Handbook on the International Law of Global Security (OUP 2021) 699
07. Fidler, D.P., ‘Cyberspace and Human Rights’, in N. Tsagourias and R. Buchan (eds.), Research Handbook
on International Law and Cyberspace (Edward Elgar, 2021) 94

- Page 43 -
08. Humble, KP, ‘International Law, Surveillance and the Protection of Privacy’ (2021) 25 The International
Journal of Huma Rights 1
09. Access Now, Surveillance Tech in Latin America: Made Abroad, Deployed at Home (Access Now 2021)
10. Souza, CA, et al, ‘From Privacy to Data Protection: The Road Ahead for the Inter-American System of Human
Rights’ (2021) The International Journal of Huma Rights 147
11. Prasad, S.K., and Aravindakshan, S., ‘Playing Catch Up – Privacy Regimes in South Asia’ (2021) The
International Journal of Huma Rights 79
12. Kosta, E., ‘Algorithmic State Surveillance: Challenging the Notion of Agency in Human Rights’ (2020) 16
Regulation & Governance 212
13. Murray, D, and Fussey, P, ‘Bulk Surveillance in the Digital Age: Rethinking the Human Rights Law Approach
to Bulk Monitoring of Communications Data’, 52 Israel Law Review (2019) 31
14. Lubin, A, ‘”We Only Spy on Foreigners”: The Myth of a Universal Right to Privacy and the Practice of Foreign
Mass Surveillance’ (2018) 18 Chicago Journal of International Law 502
15. Brunner, L., ‘Digital Communications and the Evolving Right to Privacy’, in MK Land and JD Aronson (eds),
New Technologies for Human Rights Law and Practice (CUP 2018) 217
16. Shany, Y., ‘Cyberspace: The Final Frontier of Extra-Territoriality in Human Rights Law’, Hebrew University of
Jerusalem Cyber Security Research Center Cyber Law Program (29 September 2017).
17. Kosta, E., ‘Surveilling Masses and Unveiling Human Rights: Uneasy Choices for the Strasbourg Court’,
Inaugural Address, Tilburg University (15 December 2017).
18. Nyst, C, & Falchetta, T, ‘Right to Privacy in the Digital Age’ (2017) 9 Journal of Human Rights Practice 104
19. Bernal, P, ‘Data Gathering, Surveillance and Human Rights: Recasting the Debate’ (2016) 2 Journal of Cyber
Policy 243
20. Milanovic, M, ‘Human Rights Treaties and Foreign Surveillance’ (2015) 56 HILJ 81

Private Surveillance Industry


01. Kaye, D., ‘The Spyware State and the Prospects for Accountability’ (2021) 27 Global Governance 483.
02. Kaye, D, ‘Surveillance and Human Rights’ Report of the Special Rapporteur on the Promotion and Protection
of the Right to Freedom of Opinion and Expression UN Doc A/HRC/41/35 (28 May 2019)
03. Woodhams, S., ‘China, Africa, and the Private Surveillance Industry’ (2020) 21 Georgetown Journal of
International Affairs 158
04. Amnesty International, Out of Control: Failing EU Laws for Digital Surveillance Export (Amnesty 2020).
05. Kanetake, M., ‘Dual-Use Export Control: Security and Human Rights Challenges to Multilateralism’ in M.
Bungenberg et al. (eds), European Yearbook of International Economic Law 2020 (Springer 2021)
06. Kanetake, M., ‘Converging Dual-Use Export Control with Human Rights Norms: The EU’s Response to Digital
Surveillance Exports’, in E. Fahey (ed.), Framing, Convergence with the Global Legal Order (Hart 2020) 65.
07. Kanetake, M., ‘The EU’s Export Control of Cyber Surveillance Technology: Human Rights Approaches’ 4
Business and Human Rights Journal (2019) 155.
08. Anstis, S., et al., ‘A Proposed Response to the Commercial Surveillance Emergency’ Lawfare (19 July 2019).
09. Penney, J., et al., ‘Advancing Human-Rights-By-Design in the Dual-Use Technology Industry’ (2018) 71
Journal of International Affairs 103.
10. Bloch, J., et al., ‘CRTL+HALT+Defeat: State-Sponsored Surveillance and the Suppression of Dissent’ Just
Security (15 May 2019).
11. Burt, T., ‘Cyber Mercenaries Don’t Deserve Immunity’ Microsoft On the Issues (21 December 2020).
12. Buchan, R., and Franchini, D., ‘WhatsApp v. NSO Group: State Immunity and Cyber Spying’ Just Security
(16 April 2020).
13. Manukyan, E., ‘Summary: WhatsApp Suit Against NSO Group’ Lawfare (7 November 2019).

Online Disinformation and Human Rights


01. Botero Arcila, B., and Griffin, R., Social Media Platforms and Challenges for Democracy, Rule of Law and
Fundamental Rights (European Union 2023)

- Page 44 -
02. Ohlin, JD, & Hollis, DB (eds), Defending Democracies (OUP 2021)
03. van Hoboken, J., and Ó Fathaigh, R., ‘Regulating Disinformation in Europe: Implications for Speech and Privacy’
(2021) 6 UCI Irvine Journal of International, Transnational, and Comparative Law 9
04. Helm, RK, and Nasu, H, ‘Regulatory Responses to ‘Fake News’ and Freedom of Expression: Normative and
Empirical Evaluation’ (2021) 21 Human Rights Law Review 302
05. Colomina, C, et al, The Impact of Disinformation on Democratic Processes and Human Rights in the World
(European Parliament 2021)
06. Sander, B, ‘Democratic Disruption in the Age of Social Media: Between Marketized and Structural
Conceptions of Human Rights Law’ (2021) 32 European Journal of International Law 159
07. Aswad, EM, ‘Losing the Freedom to be Human’ (2021) 52 Columbia Human Rights Law Review 306
08. Moynihan, H., and Patel, C., Restrictions on Online Freedom of Expression in China (Chatham House 2021)
09. Douek, E., ‘The Limits of International Law in Content Moderation’ (2021) 6 UCI Journal of ITCL (2021)
10. Milanovic, M, ‘Viral Misinformation and the Freedom of Expression’ Parts I-III EJIL:Talk (April 2020)
11. Pielemeier, J, ‘Disentangling Disinformation’ (2020) 4 UtahLR 917
12. Aswad, EM, ‘In a World of “Fake News.” What’s a Social Media Platform to Do?’ (2020) 4 UtahLR 1009
13. Land, M, and Wilson, R, ‘Hate Speech on Social Media: Towards a Context-Specific Content Moderation
Policy’, 52 Connecticut Law Review (2020) 1029
14. Kaye, D, ‘Report of the Special Rapporteur on the Promotion and Protection of the Right to Freedom of
Opinion and Expression’ UN Doc A/HRC/44/49 (23 April 2020) (disease pandemics)
15. Lubin, A., and Townley, H., ‘The International Law of Rabble Rousing’ (2020) 45 YJIL Online 37
16. Global Network Initiative, Content Regulation and Human Rights: Analysis and Recommendation (2020)
17. Forum on Information & Democracy, Working Group on Infodemics: Policy Framework (November 2020)
18. Access Now, 26 Recommendations on Content Governance (2020)
19. Access Now, Access Now’s Position on the Digital Services Act Package (2020)
20. Helberger, N, ‘The Political Power of Platforms: How Current Attempts to Regulate Misinformation Amplify
Opinion Power’, 8 Digital Journalism (2020) 842
21. Maréchal, N, and Biddle, ER, It’s Not Just the Content, It’s the Business Model: Democracy’s Online Speech
Challenge (2020) and Maréchal,N, et al, Getting to the Source of Infodemics: It’s the Business Model (2020).
22. Achiume, T., ‘Racial Discrimination and Emerging Digital Technologies: A Human Rights Analysis’ Report of
the Special Rapporteur on Contemporary Forms of Racism A/HRC/44/57 (18 June 2020)
23. Kaye, D, Speech Police: The Global Struggle to Govern the Internet (Columbia Global Reports 2019)
24. Jørgensen, RF (ed), Human Rights in the Age of Platforms (MIT Press 2019)
25. Jones, K, Online Disinformation and Political Discourse (Chatham House 2019)
26. IViR, ‘The Legal Framework on the Dissemination of Disinformation through Internet Services and the
Regulation of Political Advertising’ (IViR 2019)
27. Schulz, W, ‘Roles and Responsibilities of Information Intermediaries: Fighting Misinformation as a Test
Case for a Human Rights-Respecting Governance of Social Media Platforms’, Aegis Paper no. 1904 (2019)
28. Dobber, T., Fathaigh, R.O., and Borgesius, F.J.Z., ‘The Regulation of Online Political Microtargeting in
Europe’ (2019) 8 Internet Policy Review 1
29. Chesney, R, and Citron, D, ‘Deep Fakes: A Looming Challenge for Privacy, Democracy, and National
Security’ (2019) 107 California Law Review 1753
30. Deibert, R., ‘Three Painful Truths About Social Media’ (2019) 30 Journal of Democracy 25
31. Nyst, C., and Monaco, N., State-Sponsored Trolling: How Governments are Deploying Disinformation as Part
of Broader Digital Harassment Campaigns (Institute for the Future 2018)
32. Baade, B., ‘Fake News and International Law’ (2018) 29 European Journal of International Law 1357
33. Wardle, C, and Derakhshan, H, ‘Information Disorder: Toward an Interdisciplinary Framework for 'Research
and Policy Making’, Council of Europe Report DGI (2017)09 (27 September 2017)

- Page 45 -
SESSION 13 GUEST PANEL: INTERNATIONAL LAW IN PRACTICE
TUESDAY 10 OCTOBER 2023, 19.15 –21.00 [NB: THIS CLASS WILL BE ONLINE VIA MS TEAMS]

In this session, we will hear from a range of practitioners about their experiences in practice. Following their
presentations, you will have the chance to ask them questions about their work and gain an insight into some of
the challenges of working in the field. The speakers who will participate on the panel will be announced during
the opening weeks of the course.

SESSION 14 INNOVATE HUMAN RIGHTS EDUCATION: STUDENT GROUP PRESENTATIONS SESSION


FRIDAY 13 OCTOBER 2023, 13.15 – 15.00

In this session, student groups will present the human rights syllabi they have created and have an opportunity
to question and discuss each other’s proposals.

The syllabi and pitch documents will be distributed prior to the session. Students should familiarise themselves
with each other’s proposals so that they can take an active part in the discussions that follow each presentation.

- Page 46 -
Appendix I

Grading Policy

Letter Grade Point Description


A+ 4.0 Outstanding: An outstanding answer showing an extraordinary understanding of the
issues and methodologies; original, independent thinking informs an answer based
upon rigorous argument accurately supported by evidence derived from a wide range
of source material; could not be bettered at undergraduate level in the time

A 4.0 Very good: An answer demonstrating a high level of understanding of the issues and
A- 3.7 methodologies; the answer displays independent thought, and strong and well
organized argument, using a wide range of sources

B+ 3.3 Good: A good answer showing most but not necessarily all of the above. The level of
B 3.0 independent thinking is a bit lower
B- 2.7
C+ 2.3 Pass: An answer demonstrating satisfactory understanding of the issues, with a
C 2.0 reasonable and reasonably well organised argument supported by a standard range
C- 1.7 of sources. The answer may display some shortcomings, but no fundamental errors

D+ 1.3 Poor: An answer which shows minimal, inadequate or limited understanding of some
D 1.0 of the issues raised by the question, with substantial omissions or irrelevant material,
D- 0.7 and limited use of relevant material. Poorly conceived and poorly directed to the
question

F 0.0 Fail: Unsatisfactory, but will show skeletal grasp of some relevant issues and
necessary material and/or skills. There may be gross misconceptions which
nevertheless show some evidence of an elementary grasp of issues. Or: no answer
offered. Or: an answer which is totally irrelevant or fundamentally wrong

• C- is the lowest passing grade, as stated in the Course and Examination Regulations of 2014-2015.
However, students enrolled in the Liberal Arts & Sciences: Global Challenges programme prior to 31
August 2014 are still allowed to graduate with two D-grades among the final grades and will earn up to
10 ECTS for these courses. D-grades are not allowed for a number of crucial elements in the curriculum:
(1) all compulsory courses in BA1; (2) all courses counting towards the Major; (3) the bachelor’s thesis.
D-grades are also not permitted as prerequisites for sequential (100-200-300 level) courses.

• If students fail a course, they will have to repeat the whole course—there are no resits.

• At the end of the course, instructors submit the grades of their students to the Registrar’s Office, using
the grades sheet that has been provided to them at the start of the course. They also submit all students
assignments (and their assessment thereof) counting for 20% or more towards students’ final grades,
for archiving purposes.

• The Registrar’s Office will record the final grades in the uSis student administration system, after which
they are final. Recorded results will only be changed after request by the course instructor or Board of
Examiners.

- Page 47 -
Appendix II

Attendance Policy

Full attendance at all course meetings is obligatory at LUC. Attendance requires your punctual arrival in the
classroom, ready to engage, and prepared with your learning materials.

▪ Students who miss more than 15% of total sessions for a single course without recognized and
documented extenuating circumstances will fail the course.

▪ A student who misses 60% or more of a course (e.g., classes, lectures, seminars, field trip, etc),
regardless of having extenuating circumstances, does not meet the attendance requirement and will fail
the course.
▪ If a student is over 15 minutes late, or if a student leaves half way through class, s/he will be counted
as absent for that class meeting.

▪ Students must notify their instructor and tutor when they become aware that they will miss a class
meeting.
▪ Students are responsible for completing assignments for missed classes, and for coordinating with the
instructor to complete the assignment. It is the instructor’s discretion as to whether the student will be
permitted to complete makeup work.

For the respective LUC course formats students are permitted to miss the following number of classes without
documented extenuating circumstances:

Course format Class meetings* Allowed absences**


5 ECTS regular, one block course (7 weeks) 2 meetings every week 2 meetings
5 ECTS semester-long course (14 weeks) 1 meeting every week 2 meetings
10 ECTS semester-long language course (14 weeks) 3 meetings every week 7 meetings
*does not include the reading week (the last week of every block, i.e. Week 8)
**permitted without extenuating circumstances, additional absences will result in a failing grade for the
course (F)

The definition of extenuating circumstance is defined in Art 1.2 of the Academic Rules and Regulations.

When possible, students should plan medical visits in a way that does not interrupt their LUC class schedule.
Students who miss class for medical reasons should request a note from their healthcare professional to
document the medical visit, and submit copies of it to their instructor and tutor.

All LUC instructors keep attendance on the class roster provided at the beginning of each course. The
attendance list is signed by the instructor and submitted, together with final grades and course materials, to the
LUC Registrar.

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Appendix III

Course Level and Learning Outcomes

Level Content Prereq. Didactical Assessment


100 Introductory course to None Structured class Exams, tests, short
the field of study. schedule and papers, oral
Students learn the assignments based on presentations. Students
basics elements such given literature. identify, relate, classify,
key paradigms, Lectures, summarize, describe,
language and presentations, explain and discuss
concepts, major exercises to practice topics addressed in the
theories, methodology and test new course.
involved. knowledge.
200 Intermediate level: 100-level Structured classes and Larger exams and papers
students continue to assignments but giving in which student applies
build on the basis of the student more knowledge in new
field of study to responsibility for situation. Students
understand more independent work. interpret, rewrite, predict,
specialised topics. Presentations or apply, and demonstrate.
student-led
discussions.
300 Advanced level: 200-level Students play very Analysis of problems,
students work on cases active role in teaching applying knowledge to
or complex problems in process: presentations new situations in either
the field of study. about more complex papers, presentations of
Analysing various problems, student-led essay questions.
components using the discussions. Students analyse,
theory and compare, contrast, and
methodology for the judge.
field.
400 Capstone level, 300-level Students work Extended papers,
creating new independently under presentations, research
knowledge from various supervision to achieve proposals aiming to
sources, complex a certain goal: Bachelor create new insights or
problems and Thesis. solutions.
challenges, mostly
independent work

- Page 49 -
Appendix IV

Grade Sheets Leiden University College


Established by the Board of Examiners (June 2014)

The Board of Examiners asks instructors to use grading rubrics that are established and communicated in
advance. Templates for standard assessments (such as presentation, written essay, oral examination, etc.) are
provided that may be amended to suit the specific aims and needs of the instructor. All relevant grading rubrics
should be included in the syllabus. Further, note that using grading rubrics should not replace formative (written)
feedback.

The final exam will be graded based on the accuracy, detail and overall quality of answers provided to the
question selected by the student.

Contents:
1. Class Participation
2. Critical Debate Leadership and Innovate Human Rights Education Presentation
3. Innovate Human Rights Education Syllabus and Pitch Document
4. Research Essay

- Page 50 -
1. Class Participation
4 3 2 1 0

Preparation
Reads and reflects on all required No preparation.
readings prior to each class.

Attendance Regularly late for class and fails to


Attends class on time and alerts the communicate with the instructor about
instructor in advance of an anticipated anticipated or unanticipated absences.
absence or as soon as reasonable
following an unanticipated absence.

Involvement
Contributes readily to class discussions No contribution to discussion.
(including plenaries, small group
formats, and critical debates) without
dominating them; respectful of the views
of others.

Relevance
Contributions bear directly on the No attempt to relate contributions to
discussion at hand, or they take the ongoing discussion; regular digression from
discussion in an interesting direction the topic of the seminar.
relevant to the topic of the seminar as a
whole.

Evidence
Well-reasoned contributions supported Contributions consist of unsupported
with evidence drawn from careful assertions without any reference to or basis
reading of relevant materials. in relevant materials.

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2. Critical Debate Leadership & Innovate Human Rights Education Presentation

4 3 2 1 0

Content
Abundant relevant material is presented Goal of research unclear, information
through clear points and related included that does not support research
evidence. Information is presented in a claims. Audience cannot understand
logical and interesting sequence which presentation due to lack of sequence of
audience can follow. Excellent visuals, information. Few or no visuals, or too much
without misspellings or grammatical text on slides. Presentation has many
errors, appropriately related to the spelling and/or grammatical errors.
research.

Verbal skills
Demonstrates a strong, positive feeling Shows no interest in topic presented.
about topic during entire presentation. Presenter mumbles, talks very fast, or
Uses a clear voice and speaks at a good speaks too quietly for a majority of students
pace so audience members can hear to hear & understand.
presentation. Does not read off slides.

Nonverbal skills
Direct eye contact with audience, No eye contact with audience, as entire
seldom looking at notes or slides. report is read from note. No movement or
Movements seem fluid and help the descriptive gestures. Tension and
audience visualize. Displays relaxed, nervousness is obvious; has trouble
self-confident nature about self, with no recovering from mistakes.
mistakes.

Timing
Within allotted time. Too long or too short.

Teamwork
Smooth interaction, good division of time Uncooperative behaviour, unbalanced
and labour division of work

Debate Leadership
Excellent ability to trigger and maintain Minimal discussion and failure to trigger or
debate amongst the classroom, inspire the classroom to debate the theme
including via the design of the under examination
discussion questions, as well as follow-
up questions and comments that ensure
the discussion develops naturally.

- Page 52 -
3. Innovate Human Rights Education Syllabus and Pitch Document

4 3 2 1 0

General Elements
Highly original course thematic, with a Course lacking in originality, with a difficult
clear and engaging course description, to understand description, vague and
clear and relevant learning outcomes, irrelevant learning outcomes, and
and appropriate target audience, mode inappropriate target audience and mode of
of delivery, and assessments. The delivery.
course is impeccably organized with a
clear thread running through the classes
in line with the thematic.

Class Elements
Each class consists of a clear and Poorly presented classes with vague
engaging class description, with well- descriptions, irrelevant readings,
thought-through and engaging readings, inappropriate discussion questions, and a
exceptionally clear and helpful reading vague description of teaching methods.
questions, and compelling and highly
original ideas of teaching methods.

Pitch Document
Exceptionally clear summary of the Unpersuasive, vague, and poorly presented
course and identification of why the pitch document.
target audience should register for the
course. The style and presentation of
the pitch document is easy to read and
highly persuasive.

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4. Research Essay

4 3 2 1 0

Introduction & Justification


Engaging introduction to the theme that No explanation as to why the essay topic is
forms the focus of the essay and important and/or relevant.
compelling case for the importance
and/or relevance of the essay topic.

Content & Evidence


Outstanding understanding of material. No understanding of material. Irrelevant
All material is relevant with acute material. Key issues not perceived. No
emphasis on key issues. Presents evidence is provided or evidence is
abundant, relevant, and accurate inappropriate, mistaken, and/or
evidence that supports the thesis. Essay oversimplified.
relies on a wide range of appropriate
primary and secondary materials.
Technical terms or unusual words are
defined or clarified.

Argument
Puts forward a clear and original thesis, No articulation of thesis or arguments.
supported by a structured and
convincing set of arguments.

Structure
Essay is impeccably organized. Clear No identifiable structure.
statement of problem and thesis. Logical
and rigorous development of discussion.
Introduction, body, and conclusion are
well developed. Signposting throughout
the paper is efficient, with a clear
roadmap.

Style and Grammar


Exceptionally clear expression, Unclear, muddled, presentation.
academic prose, correct grammar and Grammatical and spelling errors.
spelling.

Referencing
Accurate, consistent, reference notes No citation, or significant errors and/or
and bibliography. Reference notes omissions.
accurately and consistently pinpoint
specific page/paragraph numbers.

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