phd research proposal law

• 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.

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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

Ph.D. Admission

Applications will be accepted in the fall of 2023 for study to commence in the fall of 2024. The application deadline is December 15, 2023, but the Admissions Committee will begin to review each application when it is complete. Applications must be submitted via Yale University's Graduate School of Arts and Sciences application website.

• Personal Statement (500-1000 words) The personal statement should describe the applicant’s motivations for pursuing the Ph.D. in Law degree and should describe the applicant’s qualifications to undertake the proposed course of study, especially qualifications that are not evident from the applicant’s CV.
• Research Proposal (1000 words) The research proposal should describe the project that the applicant plans to undertake as a dissertation. The proposal should describe the project’s scope, its scholarly significance and research methodology, including any source materials on which the project will rely or any empirical research that the applicant intends to undertake. The research proposal need not be as fully developed as a dissertation prospectus, and projects are expected to evolve over the course of students’ time in the program. Nonetheless, applicants are expected to have a clear sense of the general research project that they will undertake.
• Writing Sample The writing sample should be a piece of legal scholarship authored solely by the applicant. Ideally, the writing sample should be on a subject related to the applicant’s proposed research project. Submitted writing samples should be no more than the equivalent of 30-published pages in length (15,000 words)—an excerpt from a longer work may be used.
• Letters of Recommendation Applicants will be asked to identify three individuals willing to write letters of recommendation on their behalf. Recommenders will then receive an email with instructions about how to submit letters directly to the Graduate School. Applicants should choose recommenders who are best situated to evaluate an applicant’s past academic work and potential to produce first-rate legal scholarship. The Ph.D. Admissions Committee strongly recommends that at least two recommenders hold academic appointments at a law school.
• Test Scores The applicant will be asked to self-report his or her LSAT score; scores from any administration of the exam will be accepted. Prior to matriculation, those admitted to the Ph.D. in Law program will be required to provide formal confirmation of the self-reported score.
• Transcripts The applicant will need to upload records of academic performance to the online application prior to submission. No transcripts should be mailed. This upload may be in the form of a scanned copy of the applicant's transcript or academic record. If the transcript is in a language other than English, the applicant will also need to provide an English translation of the transcript. The translation must be certified to be an accurate translation of the original and be notarized or otherwise authenticated. The translation and the original transcript can then be uploaded to the application.
• Curriculum Vitae The applicant should submit a curriculum vitae listing all academic honors and awards, publications and presentations, and other professional accomplishments.
• Application Fee Each applicant must pay the application fee in the amount and manner required by the Graduate School.

Previous applicants who were not admitted to the Ph.D. in Law program and who wish to reapply must submit a completely new application and pay the application fee. Applicants who have been denied admission three times may not submit further applications.

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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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How to Write a Research Proposal

As part of the application for admission onto our MJur, MPhil and PhD programmes, you must prepare a research proposal outlining your proposed area of study.

What is a research proposal?

A research proposal is a concise and coherent summary of your proposed research. It sets out the central issues or questions that you intend to address. It outlines the general area of study within which your research falls, referring to the current state of knowledge and any recent debates on the topic. It also demonstrates the originality of your proposed research.

The proposal is the most important document that you submit as part of the application process. It gives you an opportunity to demonstrate that you have the aptitude for graduate level research, for example, by demonstrating that you have the ability to communicate complex ideas clearly, concisely and critically. The proposal also helps us to match your research interest with an appropriate supervisor.

What should you include in the proposal?

Regardless of whether you are applying for the MJur, MPhil or PhD programmes, your research proposal should normally include the following information:

This is just a tentative title for your intended research. You will be able to revise your title during the course of your research if you are accepted for admission.

Examples of the thesis titles of some of our current and recent research students can be seen on our Current Projects page .

2. Abstract

The proposal should include a concise statement of your intended research of no more than 100 words. This may be a couple of sentences setting out the problem that you want to examine or the central question that you wish to address.

3. Research Context

You should explain the broad background against which you will conduct your research. You should include a brief overview of the general area of study within which your proposed research falls, summarising the current state of knowledge and recent debates on the topic. This will allow you to demonstrate a familiarity with the relevant field as well as the ability to communicate clearly and concisely.

4. Research Questions

The proposal should set out the central aims and questions that will guide your research. Before writing your proposal, you should take time to reflect on the key questions that you are seeking to answer. Many research proposals are too broad, so reflecting on your key research questions is a good way to make sure that your project is sufficiently narrow and feasible (i.e. one that is likely to be completed with the normal period for a MJur, MPhil or PhD degree).

You might find it helpful to prioritize one or two main questions, from which you can then derive a number of secondary research questions. The proposal should also explain your intended approach to answering the questions: will your approach be empirical, doctrinal or theoretical etc?

5. Research Methods

The proposal should outline your research methods, explaining how you are going to conduct your research. Your methods may include visiting particular libraries or archives, field work or interviews.

Most research is library-based. If your proposed research is library-based, you should explain where your key resources (e.g. law reports, journal articles) are located (in the Law School’s library, Westlaw etc). If you plan to conduct field work or collect empirical data, you should provide details about this (e.g. if you plan interviews, who will you interview? How many interviews will you conduct? Will there be problems of access?). This section should also explain how you are going to analyse your research findings.

6. Significance of Research

The proposal should demonstrate the originality of your intended research. You should therefore explain why your research is important (for example, by explaining how your research builds on and adds to the current state of knowledge in the field or by setting out reasons why it is timely to research your proposed topic).

7. Bibliography

The proposal should include a short bibliography identifying the most relevant works for your topic.

How long should the proposal be?

The proposal should usually be around 2,500 words. It is important to bear in mind that specific funding bodies might have different word limits.

Can the School comment on my draft proposal?

We recognise that you are likely still developing your research topic. We therefore recommend that you contact a member of our staff with appropriate expertise to discuss your proposed research. If there is a good fit between your proposed research and our research strengths, we will give you advice on a draft of your research proposal before you make a formal application. For details of our staff and there areas of expertise please visit our staff pages . 

Read a sample proposal from a successful application  

Learn more about Birmingham's doctoral research programmes in Law:

Birmingham Law School is home to a broad range of internationally excellent and world-leading legal academics, with a thriving postgraduate research community. The perfect place for your postgraduate study.

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Sample PHD Law Dissertation Proposal

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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.

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Frequently Asked Questions

How to write an undergraduate dissertation proposal.

To write an undergraduate dissertation proposal:

• Choose a research topic.
• Outline objectives and research questions.
• Describe methodology and data sources.
• Provide a brief literature review.
• State significance and potential outcomes.
• Include a timeline and list of references.

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Research Programmes  |  PhD

The Faculty offers three types of research degrees, MPhil, PhD and the SJD. A successful MPhil thesis should represent the result of the candidate’s research which displays some originality and which demonstrates a sound understanding of the field of study and the appropriate research methods. Candidates will conduct research work under the supervision of at least one member of the Faculty’s staff. The following are the focus areas of research:

1. Public Law

This is one of the strongest areas of the Faculty. Staff members are actively engaged in contemporary debates on comparative constitutional law, human rights, rule of law and gender issues, and significant research on these areas has been produced. Since 1999, we have offered a pioneering regional Master of Laws (LLM) in Human Rights, which is the only human rights law programme in Asia with a uniquely Asian focus. Graduates of this programme include judges, lawyers and advocates, government lawyers and prosecutors, academics and human rights activists in over 17 countries in Asia and other parts of the world. Our public law research is backed up by our Centre of Comparative and Public Law (CCPL). A number of our staff have won various research prizes and awards.  Excellent scholarship on human rights is published in the  Asia Pacific Journal on Human Rights and the Law , a Scopus-indexed journal edited and housed in CCPL.

2. Comparative Chinese Law

The Faculty has the widest range of expertise in Chinese Law outside Mainland China. Our expertise ranges from criminal law, public law, securities regulation and finance, and intellectual property, to cross-border issues and legal theory and jurisprudence. Coupled with our strength in common law, we are in a very strong position in offering comparative law research and teaching on civil law and common law. Because of the unique position of Hong Kong and our Faculty, our research on comparative Chinese law has been frequently cited in most of the quality international journals, and our LLM in Chinese Law programme has been able to attract students from all over the world who are interested in China’s legal development and its interface with the Western world. A number of our colleagues are involved one way or another in legal reform in Mainland China.

3. Commercial, Corporate and Financial Law

The Faculty has a wealth of expertise in the commercial law area, including core common law subjects such as contract, tort, property, equity, tax, credit and security, mergers and acquisitions, listing, banking, finance, commercial drafting, as well as private international law and international trade and economic law. This is a very diversified area but a most important one for legal education. Our Asian Institute of International Financial Law has been a focal point of our research on corporate and financial law, and has brought to Hong Kong many distinguished scholars for many highly successful public lectures and academic conferences.

4. Intellectual Property and Information Technology

This is a budding area of significance in the Faculty. In terms of information technology law, the Law and Technology Centre has generated considerable research output and, with major funding from the Hong Kong Government, has developed the very successful Community Legal Information Centre project, which promulgates legal knowledge to the general public. The Centre also houses the Hong Kong Legal Information Institute, which provides the public with free access to one of the best electronic databases on Hong Kong legal materials and thereby contributes to better access to the law. Our intellectual property scholars conduct cutting-edge research in the area of bio-medical development and pharmaceutical products, as well as domain name disputes and policy research.

5. WTO and International Economic Law

Trade and international economic law is an established area in the Faculty. The East Asian International Economic Law (EAIEL) programme is the focal point of training and research in this area. We were designated by the WTO for three consecutive years as the Asia-Pacific centre for running the first Regional Trade Policy Course (RTPC) for government officials from over 30 developing countries in the Asia Pacific Region. EAIEL has also been engaged in capacity building and staff training in WTO matters in China and southeast Asia. It has also collaborated with various UN organs in organising high level international conferences, including the Trade Symposium alongside the 6th WTO Ministerial Conference held in Hong Kong in December 2005. The Visiting Fellow scheme of the EAIEL programme also brings in regional and international experts in the area.

6. Arbitration & Dispute Resolution

The Faculty is also actively developing the interdisciplinary area of arbitration and dispute resolution, which incorporates law, business, government, psychology, economics, anthropology, and education. We have expertise from both the Anglo-American and Mainland China backgrounds in dispute resolution, and the aim is to create a productive dialogue between rigorous research and scholarship and the competitive edge of practice in this area of great potential. As negotiation and dispute resolution is also tied to culture and values, we are developing a major dispute resolution and negotiation programme in this part of the world where there is a distinct cultural approach to such issues.

7. Law and Humanities

The Faculty has a particular interest in research at the intersection of law and the humanities with a number of scholars working in the fields of legal theory, law and film, law and language, legal history, law and literature, and related areas. Research is carried out using a range of interdisciplinary methods and through collaboration with scholars internationally and in the wider community. 

All our RPg students are required to satisfactorily complete the Graduate School courses as well as the Faculty courses prescribed for their respective fields of study/degrees, i.e. 1 compulsory course and 2 elective courses from the list of research methodology courses.

Entrance Requirements

For 3-year full time programme, applicants should hold any one of the following qualifications; (i) an LLB degree or equivalent from this or any other approved University with honours and a research Master degree in law from this or any other approved University; or (ii) any other qualification accepted by the Senate on the recommendation of the Faculty of Law in an individual case;

For 4-year full time programme, applicants should hold any one of the following qualifications: (i) an LLB degree or equivalent from this or any other approved University with honours and a taught Masters degree in law from this or any other approved University; or (ii) an LLB degree or equivalent from this or any other approved University with normally First Class Honours or equivalent; or (iii) any other qualification accepted by the Senate on the recommendation of the Faculty of Law in an individual case.

For an applicant who is seeking admission on the basis of a qualification from a university or comparable institution outside Hong Kong of which the language of teaching and/or examination is not English, shall satisfy the University English language requirement. Preference will be given to those who obtain one of the following recognized English tests: (i) Test of English as a Foreign Language (TOEFL) (internet-based test)– a score of 97 or above; or (ii) International English Language Testing System (IELTS) (Academic Module) – an overall band score of 7 or above with no subtest below 6.5; in each case, for admissions purposes, the test score report is regarded as valid for two years.

Application Form 

Hong Kong PhD Fellowships:  https://cerg1.ugc.edu.hk/hkpfs/index.html PhD programmes: https://gradsch.hku.hk/prospective_students/application/how_to_apply/online_application_system

A completed application includes: – officially certified certificates and complete transcripts of undergraduate and postgraduate studies; – research proposal; ( suggested format of a research proposal ) – two academic referee’s report through the online application system (by the referee concerned)

Application Deadline

PhD programme (for admissions in 2024-2025) Hong Kong PhD Fellowships: 1 December 2023 at 12:00 noon (Hong Kong Time) Main round application: 1 September – 1 December, 2023 1st Clearing Round: 2 December, 2023 – 30 April, 2024 2nd Clearing Round: 1 May – 31 August, 2024

Click here to view the 2024-25 admissions flyer.

Programme Pamphlet

Click here to view our latest programme pamphlet.

Programme Director

Professor He Xin Director of Postgraduate Research

General Enquiries