how to write a law phd proposal

• School of Law
• Postgraduate

Writing a PhD research proposal

The following guidance has been compiled to help you submit a high quality application that is targeted to the research strengths of The School of Law.

Choosing a research topic

PhDs are supposed to contain an element of originality and innovation. Originality need not mean that you explore a wholly new concept. For instance, it might also include applying new methods or new theories to existing scholarship on the topic. They also need to be backed up by logically reasoned evidence and argument – whether that is provided by theoretical or empirical sources.

The types of thesis that could be constructed:

An analysis of a specific area of law or criminology on which there is no significant existing literature. The lack of existing literature may be explained by the relative newness of the body of law and/or creation of institutions; or the previous lack of attention given to the practical impact of the chosen area of study. A thesis in this area might attempt to describe, explain and rationalise the development of this particular area of law and/ or critically analyse the content of the legal system being researched.

An analysis applying, analysing, or evaluating existing studies in a new context. For instance, one might extend a study of one jurisdiction to another, providing comparative evidence that tests the applicability of existing research and enables the existing theory to be challenged, reconsidered, or expanded upon.

An empirical study of  an area of law or criminology where there is existing doctrinal, conceptual, or theoretical literature, but limited empirical evidence to test those doctrines, concepts, or theories. Such an empirical study would still require a degree of originality but would be academically interesting if it offers a view of the area of study not previously attempted and/or allowed for an appraisal of the effectiveness of the law as it currently stands and is organised.

An in-depth critical study of a specific aspect of law or criminology. Such an examination may consist solely or mainly of library based or theoretical work, or include an element of socio-legal research. As well as recognising existing literature, such an approach needs to make clear how this project would build on and add to that work. The answer may be that the area of law or criminology has evolved or the work itself takes a very different approach to analysing the problem.

Before drafting a research proposal it is a good idea to consult with any academic contacts you already have for their feedback.

The Research Proposal

Applications must include an outline research proposal. If a proposal is submitted without a proposal it will be automatically rejected.

The application asks you to give a description of your research project, including the research questions to be addressed, the methodology to be used, the sources to be consulted and a brief timetable. Your proposal should be included in the application as a separate attachment, and distinguished from your supporting statement (if you include one).

There is no set format or page length for proposals, although to keep the proposal concise and clear while still providing enough information, we recommend limiting yourself to 1,500-2,500 words. Within your application it is useful to identify and bear in mind some or all of the following points:

It is important that you demonstrate clearly the area that you intend to research and provide some indication that you are already knowledgeable in the area that you intend to research. This can be achieved through suitable references and/or by supplying a bibliography to support your application.

Research is about more than collating knowledge already in the public domain. Within your application you should indicate how you intend to add to the knowledge that you will be uncovering. Examples of potential aims include: adding to existing theory; disproving previous understandings; a critique of the current legal position; a defended positive/negative prognosis of the impact of a new legal provision; new empirically obtained findings. You may find it helpful to express your research aims as questions to be answered, or as aims to fulfil by doing the research. Try to limit the number of aims of your study as much as possible.

A research application is more likely to be accepted if you can demonstrate that it has relevance and academic merit. Ultimately PhDs are awarded where a piece of work can demonstrate some originality and innovation. This should be explained within your application.

It is rare for an entirely original piece of research to be written. Therefore, the links with existing research should be made clear, as should the possibilities your work might open up for future research. You should provide some background to the research, exploring the wider literature and making as clear as possible what makes your proposed research original in the context of that literature.

In other words, how do you intend to undertake the research? Methods may include reviewing library-based resources or empirical research. If the latter, then what form – e.g. quantitative or qualitative analysis, and what evidence can you provide that you have the skills to undertake such research. These methods should be carefully considered in relation to the research aims and questions you are seeking to address in the proposed research.

You must consider the partnerships, knowledge exchange and impacts associated with your proposed research. If you already have collaborative arrangements in place with relevant external stakeholders then you should describe these and potentially also provide letters of support, in principle, if you have them. You should consider the likely impacts of your proposed research and how these will be achieved, as well as your plans for disseminating your research findings beyond academia.

If you are applying for WRDTP or WRoCAH scholarships, it is essential that you consider how your proposed research fits in with the research pathways or clusters of these two funders. The quality of your scholarship application will be judged partly by the fit of your research within these pathways or clusters.

Your application should not be too unrealistic as to what can be delivered. It is also wise to predict the likely challenges that you will face in undertaking the research and suggest ways in which those challenges can be overcome.

What to avoid

Research proposals should not be viewed as binding contracts. Most first-year PhD students adapt their research proposal once they start studying the topic in more depth and working with their supervisor. Nevertheless, a PhD proposal should amount to a coherent, intelligent, realistic and relatively well thought-out idea of an area of potential research.

The following errors should be avoided if possible:

Simplistic descriptions of an area of study should be avoided – eg ‘I want to research EU law’. The specific focus of the research must be clear.

Offer to review or analyse an area of law on which there is already a significant existing literature. PhDs should be attempting something more than bringing together knowledge that already exists.

Develop a research proposal primarily because the topic is or has been fashionable. Topics such as the legality of the war in Iraq, the operation of the International Criminal Court or the Human Rights Act 1998 remain extremely important areas of academic study, but as a PhD student it is going to be very difficult to say anything interesting, new or original about these topics.

Avoid trying to resolve grand problems in one thesis. The best research proposals tend to focus on discrete and well-confined subject areas.

Relying upon a comparison to provide the intellectual component of the proposal, whether that is a comparison between different institutions, different bodies of law or different countries. Comparative research proposals are worthy if properly thought out. If the comparison is between different legal systems for instance, in the submission it needs to be made clear why that comparison could be a useful one and what can be learnt from the comparison. For instance, you may be undertaking research in the UK and from Botswana, but that does not mean that there are any valid reasons why comparing the UK to Botswana is actually worthwhile in your subject area.

Relatedly, you should consider the research expertise of supervisors at the University of Sheffield, and the value that studying at Sheffield adds to your research. Generally a PhD submitted in a UK university should contribute to knowledge about the UK, or about global/international issues. If you want to research another country of jurisdiction, you need to provide a credible reason for why Sheffield is a good place to undertake that study, as opposed to an institution in that country.

Make sure that your methodology is as clear and specific as you can make it at this early stage. Proposals that say, “I will use qualitative methods” are unlikely to succeed because they suggest an ignorance of the diversity of qualitative methods. Ideally, you should be able to say something about: 

the methods you will use (e.g. surveys, documentary analysis, interviews, observation, ethnography, audio-visual methods...); 

the target populations of your research (eg, a study of criminal courts might seek to recruit judges, lawyers, ushers, defendants, police officers, or other actors. Which groups do you want to participate in your research, and why? The answer to this question should bear some relation to your research aims); and, 

If possible, the approximate number of participants you want to recruit for each method (for instance, you might want to conduct 10-15 interviews with each of two groups of participants, or to survey 500 people) and how they will be accessed/recruited. Try to be realistic about how long empirical research takes, and how many research participants it is possible to study.

How these chosen methods are likely to illuminate the research questions of the proposed research

Ethical considerations of the research in relation to things like informed consent, anonymity, the safeguarding of researchers and participants

It may not be possible to say much at this stage, but the more details you can provide, the clearer it will be that you have thought seriously about your research project, and the easier it will be for the School of Law to evaluate its feasibility.

Positive steps to take

When we make an offer we will do so on the basis of various considerations. Making an effort to foreshadow those considerations in your application is a good idea. It is advisable to submit a supporting statement alongside the research proposal. Issues to consider include:

Why did you choose to apply to the University of Sheffield?

Can you provide any evidence to suggest that you are capable of completing an extensive piece of research and have the character to undertake three years of study, on a relatively low income and with only supervisory support?

Does the research proposal fit into one of the areas in which the Law School has a speciality ? Often a proposal only needs minor adaptation to fall within an area the School can supervise, but to improve your chances of success it is worthwhile reviewing the academic profile of the various staff in the Law School before you submit an application.

If you are able, it would be helpful to have a look at some past PhD theses in your own area of interest which have been successfully submitted at a UK university. Most UK universities have copies in the library of all past successful PhDs, either as physical copies or in an online repository. 

The online application form requires you to provide some standard information about yourself and your past academic performance. Please ensure that this information is correct and that you provide evidence to support your qualifications.

The references that your referees provide are important sources of information for us. Wherever possible, it is helpful to provide (where possible) a reference from at least one academic who is aware of your research potential and has read some of your work.

Search for PhD opportunities at Sheffield and be part of our world-leading research.

University of Bristol Law School

How to write a phd proposal.

We are delighted to consider applications for PhD research. We have a fantastic, diverse and energetic student body who are making the most of fabulous resources for postgraduate students. We welcome you to join us.

In order to help you with your application, the information below aims to give some guidance on how a typical research proposal might look.

Please be aware that if you are applying for   ESRC funding  then the proposal  must be no longer than 1,300 words ,  and if you are applying for  University of Bristol Postgraduate Research Scholarship  then the proposal  must be no longer than 1,000 words (incl. footnotes).

Your aim here is to showcase your ability to carry out postgraduate research. PhD research often travels and what you apply to study for may differ from your ultimate PhD. It is perfectly acceptable for research to move over time in response to findings or changes in preference/supervision.

Please note:  we do not generally have the expertise to supervise PhD proposals that are exclusively in a jurisdiction outside UK, EU or international law. We have many expert supervisors in comparative, international and regional law but if your proposal is only to study the law in your home country, we may not be able to offer you supervision even if you meet the admission requirements.

Title. A short, indicative title is best.

Abstract. This is a succinct summary of your research proposal that will present a condensed outline, enabling the reader to get a very quick overview of your proposed project, lines of inquiry and possible outcomes. An abstract is often written last, after you have written the proposal and are able to summarise it effectively.

Rationale for the research project. This might include a description of the question/debate/phenomenon of interest, and the context(s) and situation in which you think the research will take place; an explanation of why the topic is of interest to you; and an outline of the reasons why the topic should be of interest to research and/ or practice (the 'so what?' question).

Issues and initial research question. What legal or governance question(s) do you intend to investigate? (This may be quite imprecise at the application stage); what might be some of the key literatures that might inform the issues (again, indicative at the application stage); and, as precisely as you can, what is the question you are trying to answer? A research proposal can and should make a positive and persuasive first impression and demonstrate your potential to become a good researcher. In particular, you need to demonstrate that you can think critically and analytically as well as communicate your ideas clearly.

Intended methodology. How do you think you might go about answering the question? At Bristol we supervise an incredibly wide range of PhDs, including doctrinal, theoretical, empirical, historical, comparative or policy-focused work. Even if your methods are, for example, doctrinal, please do make this clear and give some indication why you think this is the best methodology for your proposed study. If you have a key theorist in mind, do please outline this in your application, together with some understanding of any critiques that have been raised. If you are planning to do empirical work, do please give some indication of what your methods might be (quantitative (surveys, statistics etc); qualitative (interviews, ethnography etc)

Expected outcomes and impact. How do you think the research might add to existing knowledge; what might it enable organisations or interested parties to do differently? Increasingly in academia (and this is particularly so for ESRC-funded studentships) PhD students are being asked to consider how their research might contribute to both academic impact and/or economic and societal impact . This is well explained on the ESRC website if you would like to find out more.

Timetable. What is your initial estimation of the timetable of the dissertation? When will each of the key stages start and finish (refining proposal; literature review; developing research methods; fieldwork; analysis; writing the draft; final submission). There are likely to overlaps between the stages.

Why Bristol? Why –specifically - do you want to study for your PhD at Bristol? How would you fit into our research themes and research culture (please see the ’10 reasons to study for a PhD at Bristol’ section on the website for more information). You do not need to identify supervisors at the application stage.

Bibliography. Do make sure that you cite what you see as the key readings in the field. This does not have to be comprehensive but you are illustrating the range of sources you might use in your research.

Scholarships

A  number of scholarships  are available to study for a PhD at Bristol. You can see more information regarding scholarships on our  fees and funding  page. If you have any questions about which scholarship to apply for and how your research might fit in please contact the PGR Director, Yvette Russell   [email protected] .

Tips on writing a successful application

• Faculty of Social Sciences
• School of Law
• Research degrees

Writing a research proposal

As part of the process of applying for a research degree, you will need to prepare an outline of your proposed research. 

Please see our guidance on what to include below, including word count:

*Word count excludes footnotes. 

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School of Law

Writing a research proposal.

• Our research students

Preparing your research proposal is the important first step to becoming a postgraduate research student at the School of Law.

The focus of your proposal will be slightly different depending on whether you wish to do a PhD or an LLM by research, but the principles of what to include and who to contact for advice are the same.

Speaking to a potential supervisor

Before you write your detailed research proposal, you may wish to contact a member of  our research staff  with knowledge of the subject area. They who should be able to advise you whether or not your proposed topic is feasible. 

This can be done prior to a formal application. 

If you are not sure who is the best person to contact, an initial enquiry can be made to our Postgraduate Administrator,  Susan Holmes .

What to include in your proposal

A proposal for an LLM by research or a PhD should not exceed 15 pages in length and is unlikely to be less than 8 pages in length.

Check the limit specified by the funding body to which you are applying.

It should include the following:

A working title

The research context.

This is the background against which your research will be carried out.

It should be a brief introduction outlining the general area of study and identifying the subject area within which your study falls. You should also refer to the current state of knowledge (i.e. what research has been done to date) and any recent debates on the subject.

You need to reference this in the same way as you would do if you were writing an essay e.g. any articles or books you refer to should have a footnote with the full details of author, title, publication date, etc.

The research issue, aims or questions

Outline the contribution that your research will make. It is normally best to do this in the form of specific aims or research questions or issues.

The importance of your proposed research

Demonstrate how your research fills a gap in existing research, by showing that it hasn’t been done before.

Explain why your research is important. It is not enough to say that this has not been studied previously, you need to explain why it is important or interesting enough to be studied.

‎Research methods

Here you need to explain how you will obtain the information necessary to write your thesis.

• Explain whether you will use secondary and/or primary sources
• Give some detail on exactly how you will obtain your information

For most law students, you will probably rely on documentary sources – information that already exists in some form e.g. journal articles, case reports, legislation, treaties, historical records.

In this case you need to say a little about how you will access these (bearing in mind that as a student of the University you will be provided with access to legal databases including Westlaw and LexisLibrary).

If yours is a comparative or international study, you will need to explain how you will obtain the relevant international materials and whether or not this will involve travel.

Some studies, however, might involve empirical research – information that is gathered through direct interaction with people and processes such as interviews, questionnaires, court observation or analysis of private records.

If you plan to undertake empirical research, you need to explain why this is an appropriate research method and give details of your planned methodology (e.g. who you hope to interview, how many interviews you will carry out).

In this section, you should also explain any special skills you have that will assist you in obtaining information, for example, if you plan to look at French law and you can read or speak French.

You should provide a very approximate timetable for the research.

For example, the timetable for a research LLM thesis comparing French law and Scots law might be:

• months 1-3 reading theoretical material and developing theoretical framework
• months 4-6 reading and analysing French materials
• months 7-9 reading and analysing Scottish materials
• months 9-12 writing up the thesis

Research proposals for a PhD

When choosing a subject for your thesis, consider the requirements for a relevant degree and whether you can stick within the time and word limits. A PhD thesis must be from 70,000 to 100,000 words including footnotes.

Consider how your study will demonstrate originality. It is not enough simply to reproduce existing knowledge. There are many ways in which you can do this – it does not necessarily require you to study something that has never been studied before in any way, shape or form. For example, you could:

• Study something that has never been studied before
• Bring new insights to an existing area of legal thought
• Work between disciplines eg. by applying philosophical, psychological or sociological analysis to legal issues
• Bring together areas of legal thought that have not been brought together before eg. use concepts from property law to analyse sexual offences
• Analyse new case law/new legislation in a particular area of law
• Identify new problems with existing case law/legislation in a particular area of law
• Undertake an empirical study to see if the law is achieving its objectives

You also need to make sure your topic is not too broad.  It is inappropriate to write a thesis that reads like a textbook.  This is not sufficiently advanced work and your treatment will be too superficial.  You need to choose something that will give you the scope both to describe and critically analyse the law.  For example, a thesis on “the law relating to criminal defences inScotland” or “a review of EC law governing the enforcement of European law in national courts of member states” would be too broad.  You would have to narrow down your topic to consideration of one particular aspect of the topic (e.g. one specific defence or one specific aspect of European law).

Recent and current PhD thesis topics have included: 

• Peacekeepers as enforcers? A legal analysis of the attribution of enforcement powers to UN peacekeeping operations in the new millenium
• The impact of the World Trade Organisation on the formulation of the anti-monopoly law of the People’s Republic ofChina
• Access to employment and career progression for women in the European labour market
• Consent to medical treatment and the competent adult
• Migratory things on or beneath land: a study of property and rights of use
• The effect of the constitutional relations betweenScotlandandEnglandon their conflict of laws relations: a Scottish perspective
• Persuasion: a historical-comparative study of the role of persuasion within the judicial decision-making process
• Law reform proposals for the protection of the right to seek refugee status in the European Community
• Historicizing the criminalization of youth

Research proposals for an LLM by research

For an LLM by research, your study should still be critical rather than simply describing the law in a particular area.

The field of study is likely to be significantly narrower than for a PhD, as it has a 30,000 word limit.

Recent and current LLM by research thesis topics have included:

• Sustainable development and urban governance in planning law
• Domestic abuse and Scots law
• Criminal liability for individuals who fail to prevent harm
• Legal and scientific evidence of torture
• The responsibility of international organisations: efforts of the international law commission

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How to write a successful research proposal

As the competition for PhD places is incredibly fierce, your research proposal can have a strong bearing on the success of your application - so discover how to make the best impression

What is a research proposal?

Research proposals are used to persuade potential supervisors and funders that your work is worthy of their support. These documents setting out your proposed research that will result in a Doctoral thesis are typically between 1,500 and 3,000 words in length.

Your PhD research proposal must passionately articulate what you want to research and why, convey your understanding of existing literature, and clearly define at least one research question that could lead to new or original knowledge and how you propose to answer it.

Professor Leigh Wilson, director of the graduate school at the University of Westminster, explains that while the research proposal is about work that hasn't been done yet, what prospective supervisors and funders are focusing on just as strongly is evidence of what you've done - how well you know existing literature in the area, including very recent publications and debates, and how clearly you've seen what's missing from this and so what your research can do that's new. Giving a strong sense of this background or frame for the proposed work is crucial.

'Although it's tempting to make large claims and propose research that sweeps across time and space, narrower, more focused research is much more convincing,' she adds. 'To be thorough and rigorous in the way that academic work needs to be, even something as long as a PhD thesis can only cover a fairly narrow topic. Depth not breadth is called for.'

The structure of your research proposal is therefore important to achieving this goal, yet it should still retain sufficient flexibility to comfortably accommodate any changes you need to make as your PhD progresses.

Layout and formats vary, so it's advisable to consult your potential PhD supervisor before you begin. Here's what to bear in mind when writing a research proposal.

Your provisional title should be around ten words in length, and clearly and accurately indicate your area of study and/or proposed approach. It should be catchy, informative and interesting.

The title page should also include personal information, such as your name, academic title, date of birth, nationality and contact details.

Aims and objectives

This is a short summary of your project. Your aims should be two or three broad statements that emphasise what you ultimately want to achieve, complemented by several focused, feasible and measurable objectives - the steps that you'll take to answer each of your research questions. This involves clearly and briefly outlining:

• how your research addresses a gap in, or builds upon, existing knowledge
• how your research links to the department that you're applying to
• the academic, cultural, political and/or social significance of your research questions.

Literature review

This section of your PhD proposal discusses the most important theories, models and texts that surround and influence your research questions, conveying your understanding and awareness of the key issues and debates.

It should focus on the theoretical and practical knowledge gaps that your work aims to address, as this ultimately justifies and provides the motivation for your project.

Methodology

Here, you're expected to outline how you'll answer each of your research questions. A strong, well-written methodology is crucial, but especially so if your project involves extensive collection and significant analysis of primary data.

In disciplines such as humanities the research proposal methodology identifies the data collection and analytical techniques available to you, before justifying the ones you'll use in greater detail. You'll also define the population that you're intending to examine.

You should also show that you're aware of the limitations of your research, qualifying the parameters that you plan to introduce. Remember, it's more impressive to do a fantastic job of exploring a narrower topic than a decent job of exploring a wider one.

Concluding or following on from your methodology, your timetable should identify how long you'll need to complete each step - perhaps using bi-weekly or monthly timeslots. This helps the reader to evaluate the feasibility of your project and shows that you've considered how you'll go about putting the PhD proposal into practice.

Bibliography

Finally, you'll provide a list of the most significant texts, plus any attachments such as your academic CV . Demonstrate your skills in critical reflection by selecting only those resources that are most appropriate.

Final checks

Before submitting this document along with your PhD application, you'll need to ensure that you've adhered to the research proposal format. This means that:

• every page is numbered
• it's professional, interesting and informative
• the research proposal has been proofread by both an experienced academic (to confirm that it conforms to academic standards) and a layman (to correct any grammatical or spelling errors)
• it has a contents page
• you've used a clear and easy-to-read structure, with appropriate headings.

Research proposal examples

To get a better idea of how your PhD proposal may look, some universities have provided examples of research proposals for specific subjects:

• The Open University - Social Policy and Criminology
• University of Sheffield - Sociological Studies
• University of Sussex
• University of York - Politics

Find out more

• Explore PhD studentships .
• For tips on writing a thesis, see 7 steps to writing a dissertation .
• Read more about PhD study .

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Sample PHD Law Dissertation Proposal

Here is a sample that showcases why we are one of the world’s leading academic writing firms. This assignment was created by one of our expert academic writers and demonstrated the highest academic quality. Place your order today to achieve academic greatness.

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Thesis Proposal

Are we participating collectively in the violation of human rights, constructing legal discourse at the un security council related to refugee crisis and countries’ refusal to enter migrants., introduction.

It is difficult to pinpoint the precise origin of the recent migration crisis that is currently engulfing Europe. Still, the migrant that fell from the sky on 9th September 20101 to enter Europe and then later on the images of Aylan Kurdi, a three-year-old boy washed up on a Turkish beach in 20152 foreshadowed a phenomenal crisis of a much larger scale which has presumably shaken European integration at its very centre.

According to the recent reports United Nations High Commissioner for Refugees, there is currently a mass movement of millions of refugees and migrants attempting to flee from conflict areas such as Syria, Afghanistan, and Iraq into European countries since 20153. The migrant crisis has generated an excessive disruption and disunity in the European Union and its member states to handle ongoing arrivals.

However, the crisis is primarily and principally a humanitarian cataclysm of a kind that Europe has not witnessed since the 1930s and 1940s4. Images from Greece and Turkey portray the magnitude and enormity of the human costs related to the growing crisis at a drastic rate even at this writing5. This paper proposes to argue that this particular humanitarian crisis and the methods with which European Union (EU) member states are dealing with the situation points to collectively violating human rights.

The collective violation of such human rights for migrants and refugees stems from deeply embedded and unresolved EU’s governance issues. As the EU and its member states are struggling with the pressure of mass migration of displaced persons, the treatment of these refugees and migrants exposes what can only be seen as the calamity of core European values. The

1 “Heathrow Stowaway Who Fell to Death Identified as Mozambican Migrant | World News | The Guardian”  <https://www.theguardian.com/world/2016/jan/10/heathrow-stowaway-who-fell-to-death-identified-as-mozambican-migrant>  accessed November 22, 2016.

2 “Image of Drowned Syrian Boy Echoes Around World – WSJ”  <http://www.wsj.com/articles/image-of-syrian-boy-washed-up-on-beach-hits-hard-1441282847>  accessed November 22, 2016.

3 Eurostat, “Asylum Quarterly Report – Statistics Explained”  https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Asylum_quarterly_report  accessed November 22, 2016.

4 Justin Borg-Barthet and Carole Lyons, “The European Union Migration Crisis” (2016) 20 Edinburgh Law Review 230.

5 United Nations High Commissioner for Refugees (“UNHCR”), Refugees/Migrants Emergency Response- Mediterranean (20 November 2016) http://data.unhcr.org/mediterranean/country.php?id=83; accessed November 21, 2016.

Treatment of such people exposes the shortcomings in implementing fundamental European rights and humanitarian law, international human rights, and EU’s neighbourhood policy.

Central Research Questions

The migrant crisis in Europe is ongoing and will continue to grow until and unless policy measures are taken by the EU and the United Nations General Council. The UN Security Council plays a more active role in the crisis and its root cause. Therefore, the major research questions that arise include the following;

Is the International community, specifically the EU and UK, collectively violate human rights against refugees?.

Subsequent questions that build upon the main research question are;

1. Are the measures implemented by EU member states and UK governments that limit refugees’ movement legal?

2. What is the distinction between refugees and migrants? What term is best to describe the individuals involved in the EU and the UK’s mass movement?

3. Do “migrant caps” violate international law?

4. What is the impact of interpretations of Article 33 of the 1951 Refugee Convention6 regarding refugee rights and protection against refoulement7?

5. How can the UN Security Council play an active role in enforcing international law protecting refugees while also resolving the root cause of the issue leading to the migrant crisis?

6. How can legal discourse be developed with the UN Security Council to tackle refugees’ refusal to EU countries?

Proposed Methodologies

The proposed research aims to follow the characteristics of descriptive study methodology while utilising the positivist approach as a research paradigm. This research method accurately describes a given phenomenon and determines associations between different dimensions of the phenomena8. A descriptive study is concerned with describing the characteristics of a specific

6 Duncan Sim, “Experiences of ‘Post-Status’ Refugees: Evidence from Glasgow” (2012) 79 (First Serie Scottish Affairs 82.

7 Nikola Stojanovic, “Crisis in the Mediterranean Neighbourhood: A Test for the European Union Migration Policy” (2015) 67 Medjunarodni problem 328

8 CG Wren and JR Wren, “Teaching of Legal Research, The” [1988] Law Libr. J.

Individual or phenomenon with the aim of the detailed description of different aspects of it9. It is often defined as a fact-finding study coupled with adequate interpretation using presupposed prior knowledge of the issues being investigated.

The method of conducting legal research is also implemented to conduct the proposed study, which includes the following steps;

1. Preliminary Analysis

2. Investigation of Secondary Sources

3. Locating and Analysing Primary Authorities

4. Interpretations of Sources

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Principle Issues: Ethical, Moral, and Legal Issues

Principle Issues: Ethical, Moral, and Legal Issues One of the main ethical issues that arise from the refugee crisis is the moral obligation of developed countries in accepting refugees. The current study analyses this moral obligation using deontological ethics and the United Nations Convention Relations to the Status of Refugees (1951)12.

The Refugee convention sets up two normative obligations for states:

1. Obligations related to actions required by the states when asylum seekers arrive on their territory13.

2. Obligations towards refugees who have fled home countries and currently reside in refugee camps or informal settlements14.

Based on the preliminary review of available literature, there is an asymmetrical view of the two sets of obligations. The former is stronger and widely recognized than the latter. This is because signatories of the Refugee Convention have no obligation to fund refugees’ protection, and any contribution to the issue is considered strictly voluntary15. This voluntary stance needs to be analyzed based on international law and ethical theories such as deontology to comprehend how this stance leads to the collective violation of human rights, defined and legally agreed upon. There is also the absence of moral and legal obligations to refugees that reach EU states, specifically regarding discrepancies arising from burden-sharing.

9 L Sossin, “Discourse Politics: Legal Research and Writing’s Search for a Pedagogy of Its Own” [1994] New Eng. L. Rev.

10 C Alexander and AJ Burke, “How to Locate Educational Information and Data.”

11 CG Wren and JR Wren,” Teaching of Legal Research, Th” [1988] Law Libr. J.

12 Resolution 2198 (XXI), United Nations General Assembly

13 Catherine Dauvergne, Making People Illegal: What Globalization Means for Migration and Law (reprint, Cambridge University Press 2008) p. 125

14 Ibid. p. 126

15 Anna Sergeevna Matveevskaya,””Modern Trends of EuropeanUnion’ss Migration Polic”” (2016) 0 Krasnoyarsk Science 29.

16 Sergio Carrera, Leonhard D Hertog, and Joanna Parkin,” EU Migration Policy in the Wake of the Arab Spring: What Prospects for EU-Southern Mediterranean Relations” ”

Burden sharing refers to the Global South17 playing a larger role in hosting refugees than Western democracies responsible for essentially funding this scheme in which 87 percent of refugees are hosted in the Global South. In contrast, less than one percent of refugees are resettled in Western countries18. Lastly, there is no morally or legally accepted obligation to resettle refugees, with a majority remaining in protracted refugee situations in the Global South, primarily in the long-term encampment, which has turned into a de facto solution to the global refugee crisis.

The proposed study can be defined as interdisciplinary in terms of combining international law with political science, international relations, and human rights to explore and discuss the current issues faced under the refugee crisis. Political science and international relations theories give rise to four primary schools of thought: realism, liberalism, institutionalism, and constructivism19. These four mains schools examine through an interdisciplinary approach to examine the content of legal rules and institutions to explain legal institutions” origins and their effectiveness.

The methods have resulted in legal scholars reconceptualizing international law from a more general perspective. The proposed study uses the international legal process theories to conduct research and answer the developed research questions. The classical global legal technique is studying how international law is practically applied, functions with international policy, and studies how international law can be improved.

According to O’Connell (1999)20, the classical International Legal Proces” “concentrates not so much on the exposition of rules and their content regarding how makers of foreign policy national legal rule”.” This particular theory is also used to measure the extent to which individuals are held accountable for abuses in international conflicts. The proposed study will base its premises most heavily on liberalism, the school of thought which revolves around three interrelated principles;

1. Rejection of power politics as the only possible result of internal relations while also questioning realism principles, especially security and warfare21.

2. Emphasize mutual benefits and international cooperation22.

https://www.researchgate.net/publication/256031941_EU_Migration_Policy_in_the_Wake_of_the_Arab_Spring_What_Prospects_for_EU-Southern_Mediterranean_Relations

17 Reference to countries of the rest of the world mostly located in the Southern Hemisphere, such as Turkey, which holds the largest refugee population as of 2016.

18 Yasin Kerem Gumus” “What Explains Differences iCountries’s’ Migration Policie”?” (2016) 4 International Journal of Research in Business and Social Science (2147-4478) 51.

19 J Samue Barkin, “Realist Constructivism” (2003) 5 International Studies Review 325.

20 Ibid. p. 326

21 M La Caze” “At the Intersection: Kant, Derrida, and the Relation Between Ethics and Politi”s” (2007) 35 Political theory 781.

22 Ibid. p. 781

3. Uses international organizations and non-governmental actors for shaping state preferences and policy choices23. Under this thought, international institutions such as the UN Security Council, a primary component for the current study, play a crucial role in cooperation among states. The present study will also implement the theory of institutional liberalism to formulate arguments. This modern international relations theory claims that international institutions such as United Nations and European Union can increase and aid cooperation between states24. Using this theory, states will be treated as rational actors operating in an international political system while no hierarchy is enforced.

23 Ibid. p. 782 24 Ibid. p. 782

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Bibliography.

Alexander C and Burke A “How to Locate Educational Information and Data”  <http://agris.fao.org/agris-search/search.do?recordID=US201300333537>  [Accessed 10th November 2016]

Anna Sergeevna Matveevskaya, “Modern Trends of European Union’s Migration Policy” (2016). Krasnoyarsk Science 29.

Barkin JS, “Realist Constructivism” (2003) 5 International Studies Review 325

Berring R and Heuvel K, “Legal Research: Should Students Learn It or Wing It” (1989). Law Libr. J.  <http://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/llj81&section=44>  [Accessed 15th November 2016]

Borg-Barthet J and Lyons C, “The European Union Migration Crisis” (2016). 20 Edinburgh Law Review 230

Catherine Dauvergne, Making People Illegal: What Globalization Means for Migration and Law (reprint, Cambridge University Press 2008)

Carrera S, Hertog LD and Parkin J, “EU Migration Policy in the Wake of the Arab Spring: What Prospects for EU-Southern Mediterranean Relations?”

Cohen M, Berring R and Olson K, “How to Find the Law” (1983)

Duncan Sim, “Experiences of ‘Post-Status’ Refugees: Evidence from Glasgow” (2012). 79 (First Serie Scottish Affairs 82.

Eurostat,“Asylum Quarterly Report – Statistics Explained”  https://ec.europa.eu/eurostat/statistics-explained/index.php?title=Asylum_quarterly_report  accessed November 22, 2016 Gumus YK, “What Explains Differences in Countries’ Migration Policies?” (2016).

Gumus YK, “What Explains Differences in Countries’ Migration Policies?” (2016). 4 International Journal of Research in Business and Social Science (2147-4478) 51

“Heathrow Stowaway Who Fell to Death Identified as Mozambican Migrant | World News | The Guardian” (2016)  <https://www.theguardian.com/world/2016/jan/10/heathrow-stowaway-who-fell-to-death-identified-as-mozambican-migrant>  [Accessed 20th November 2016]

“Image of Drowned Syrian Boy Echoes Around World – WSJ” (2016).  <http://www.wsj.com/articles/image-of-syrian-boy-washed-up-on-beach-hits-hard-1441282847>  [Accessed 14th November 2016]

La Caze M, “At the Intersection: Kant, Derrida, and the Relation Between Ethics and Politics” (2007). 35 Political theory 781

Matveevskaya AS, “Modern Trends of European Union’s Migration Policy” (2016). Krasnoyarsk Science 29

Shores L. and Focke H., “Basic Reference Sources” <http://alagappauniversity.ac.in/downloads/examinations/modelQP/Dec2010DDE/CCLIS.doc> [Accessed 10th November 2016]

Sossin L, “Discourse Politics: Legal Research and Writing’s Search for a Pedagogy of Its Own” (1994). New Eng. L. Rev.

United Nations High Commissioner for Refugees (“UNHCR”), Refugees/Migrants Emergency Response- Mediterranean  https://data2.unhcr.org/en/situations/mediterranean?id=83  [Accessed 18th November 2016]

Wren C and Wren J, “Teaching of Legal Research, The” (1988). Law Libr. J.

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