Postgraduate taught 

Human Rights LLM

National Human Rights Law LAW5209

  • Academic Session: 2024-25
  • School: School of Law
  • Credits: 20
  • Level: Level 5 (SCQF level 11)
  • Typically Offered: Semester 2
  • Available to Visiting Students: No
  • Collaborative Online International Learning: No

Short Description

This course will explore the implementation of international human rights law within national legal systems from both theory and practice-based perspectives. Using a variety of different state models, it will trace the process of implementation from ratification of international treaties and the adoption of minimum core standards through to the development of national human rights systems. Coverage will include consideration of the different models of incorporation of international human rights and the role of the state; international-level soft law and guidance aimed at mainstreaming human rights within domestic systems; the functions and purpose of National Human Rights Institutions and their relationship to international treaty-making bodies; the role of the domestic courts and the judicialization of human rights; the role of non-state actors including civil society and business. Students will be encouraged and assisted to identify different jurisdictional examples which will be used to inform their subsequent study (in the second part of the course) in which each student will focus on a specific state's national human rights system by exploring the relevant legal framework, its relationship to the international human rights system, related national legislation, case law and policy, and resulting implementation gaps.

Timetable

10 weekly two-hour seminars

Excluded Courses

None

Co-requisites

None

Assessment

Written assignment is a report (25%), written 2 hour examination (75%) is a standard exam made up of problem questions and essay questions.

Main Assessment In: April/May

Course Aims

The course aims to:

1. provide a thought-provoking study of the process of domestic institutionalisation of international human rights laws including civil and political rights and social, economic and cultural rights;

2. explore different national human rights frameworks using, as examples. the various approaches taken by a selection of jurisdictions and their evaluation against a backdrop of different theories on the desired relationship between international and national human rights; and

3. encourage the acquisition of critical thinking, independent research, and communication skills.

Intended Learning Outcomes of Course

By the end of this course students will be able to:

1. critique the case for domestic institutionalisation of international human rights law;

 

2. appraise a range of different national human rights legal frameworks; 

 

3. compare and critique the legislative and case law approaches in a selection of jurisdictions to international human rights law, as incorporated or adopted within domestic frameworks, including in respect of civil and political rights and social, economic and cultural rights;

 

4. evaluate the relationship between international and national human rights laws and identify the effective means for future developments in this context. 

Minimum Requirement for Award of Credits

Students must submit at least 75% by weight of the components (including examinations) of the course's summative assessment.