The rights of refugees under international law / James C. Hathaway.

Format:

Book

Author/Creator:

Hathaway, James C., author.

Language:

English

Subjects (All):

Refugees--Legal status, laws, etc.

Refugees.

Asylum, Right of.

Freedom of movement (International law).

Human rights.

Physical Description:

1 online resource (lxix, 1382 pages) : digital, PDF file(s).

Edition:

Second edition.

Place of Publication:

Cambridge : Cambridge University Press, 2021.

Summary:

Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world. Nor is this a purely doctrinal book: Hathaway's incisive legal analysis is tested against and applied to hundreds of protection challenges around the world, ensuring the relevance of this book's analysis to responding to the hard facts of refugee life on the ground.

Contents:

Cover

Half-title page

Title page

Copyright page

Dedication

Epigraph

Contents

Table of Concordance to the Refugee Convention and Protocol

Acknowledgments

Table of Cases

Table of Treaties and Other International Instruments

Abbreviations for Courts and Tribunals Cited

Introduction

1 The Evolution of the Refugee Rights Regime

1.1 International Aliens Law

1.2 International Protection of Minorities

1.3 League of Nations Codifications of Refugee Rights

1.4 The Convention relating to the Status of Refugees

1.4.1 Substantive Rights

1.4.2 Reservations

1.4.3 Temporal and Geographical Restrictions

1.4.4 Duties of Refugees

1.4.5 Non-impairment of Other Rights

1.5 Post-Convention Sources of Refugee Rights

1.5.1 Protocol relating to the Status of Refugees

1.5.2 Conclusions and Guidelines on International Protection

1.5.3 Regional Refugee Rights Regimes

1.5.3.1 African Union

1.5.3.2 European Union

1.5.3.3 Organization of American States

1.5.3.4 League of Arab States

1.5.3.5 Association of Southeast Asian Nations

1.5.4 International Human Rights Law

1.5.5 Duty not to Discriminate against Non-citizens, including Refugees

1.5.5.1 Categorical Approval of Differentiation based on Citizenship

1.5.5.2 Unwarranted Deference to State Assertions of Reasonableness

1.5.5.3 Failure to Ensure Substantive Equality

2 An Interactive Approach to Interpreting Refugee Rights

2.1 The Perils of "Ordinary Meaning"

2.2 Context

2.3 Object and Purpose, Conceived as Effectiveness

2.4 But What About State Practice?

3 The Structure of Entitlement under the Refugee Convention

3.1 Attachment to the Asylum State

3.1.1 Subject to a State's Jurisdiction

3.1.2 Physical Presence

3.1.3 Lawful or Habitual Presence

3.1.4 Lawful Stay

3.1.5 Durable Residence.

3.2 The General Standard of Treatment

3.2.1 Assimilation to Aliens

3.2.2 Exemption from Reciprocity

3.2.3 Exemption from Insurmountable Requirements

3.2.4 Rights Governed by Personal Status

3.3 Exceptional Standards of Treatment

3.3.1 Most-Favored-National Treatment

3.3.2 National Treatment

3.3.3 Absolute Rights

3.4 Prohibition of Discrimination between and among Refugees

3.5 Restrictions on Refugee Rights

3.5.1 Suspension of Rights for Reasons of National Security

3.5.2 Exemption from Exceptional Measures

4 Rights of Refugees Physically Present

4.1 Right to Enter and Remain in an Asylum State (Non-refoulement)

4.1.1 Beneficiaries of Protection

4.1.2 Nature of the Duty of Non-refoulement

4.1.2.1 Non-admittance

4.1.2.2 Ejection

4.1.2.3 "Voluntary Repatriation

4.1.2.4 Failure to Identify Refugees

4.1.2.5 International Zones and Excision

4.1.2.6 "Protection Elsewhere" ("First Country of Arrival" and "Safe Third Country") Regimes

4.1.2.7 "Safe Country of Origin" Rules

4.1.3 Extraterritorial Refoulement

4.1.3.1 Unilateral Extraterritorial Deterrence

4.1.3.2 Cooperative Extraterritorial Deterrence

4.1.4 Individuated Exceptions

4.1.4.1 Danger to National Security

4.1.4.2 Danger to the Asylum State Community

4.1.4.3 No Balancing Requirement

4.1.5 Qualified Duty in the Case of Mass Influx?

4.1.6 An Expanded Concept of Non-refoulement?

4.1.6.1 Opinio Juris?

4.1.6.2 Consistent State Practice?

4.1.6.3 Other Duties of Non-refoulement

4.2 Freedom from Arbitrary Detention and Penalization for Illegal Entry

4.2.1 Beneficiaries of Protection

4.2.1.1 Presentation to Authorities within a Reasonable Period of Time

4.2.1.2 Breach Necessitated by Urgency of Search for Protection

4.2.1.3 Persons or Organizations Assisting Refugees.

4.2.2 Non-penalization

4.2.3 Expulsion

4.2.4 Provisional Detention and Other Restrictions on Freedom of Movement

4.2.4.1 Freedom from Arbitrary Detention

4.2.4.2 Other Restrictions on Movement

4.2.4.3 Mandatory Termination of Refugee Detention and Other Restrictions on Movement

4.2.4.4 Conditions of Detention

4.3 Physical Security

4.3.1 Right to Life

4.3.2 Freedom from Torture, Cruel, Inhuman, or Degrading Treatment

4.3.3 Security of Person

4.4 Necessities of Life

4.4.1 Freedom from Deprivation

4.4.2 Access to Food and Shelter

4.4.2.1 Food

4.4.2.2 Water

4.4.2.3 Clothing

4.4.2.4 Housing

4.4.3 Access to Healthcare

4.5 Property Rights

4.5.1 Movable and Immovable Property Rights

4.5.2 Tax Equity

4.6 Family Rights

4.6.1 Family Unity

4.6.2 Family Reunification

4.7 Freedom of Thought, Conscience, and Religion

4.8 Education

4.8.1 Elementary Education

4.8.2 Secondary and Other Education

4.9 Documentation of Identity and Status

4.10 Judicial and Administrative Assistance

4.10.1 Documentation

4.10.2 Access to Courts

5 Rights of Refugees Lawfully or Habitually Present

5.1 Protection from Expulsion

5.1.1 Constraints before Lawful Presence

5.1.2 Constraints after Lawful Presence

5.1.3 Procedural Constraints on Expulsion

5.1.4 Substantive Constraints on Expulsion

5.1.5 Right to Non-coercive Departure

5.2 Freedom of Residence and Internal Movement

5.3 Self-Employment

5.4 Intellectual Property Rights

5.5 Assistance to Access the Courts

6 Rights of Refugees Lawfully Staying

6.1 Right to Work

6.1.1 Wage-Earning Employment

6.1.2 Fair Working Conditions

6.1.3 Social Security

6.2 Professional Practice

6.3 Public Relief and Assistance

6.4 Housing

6.5 Freedom of Expression and Association

6.6 International Travel.

7 Rights of Solution

7.1 Repatriation

7.1.1 Fundamental Change of Circumstances

7.1.2 Restoration of Protection

7.1.3 The Risky Notion of "Voluntary Repatriation"

7.1.4 General Declarations of Cessation

7.1.5 Lawful Mandated Repatriation

7.1.6 Compelling Reasons Exception

7.2 Voluntary Reestablishment

7.3 Resettlement

7.4 Naturalization

Appendices

Appendix 1 Convention Relating to the Status of Refugees (1951)

Appendix 2 Protocol Relating to the Status of Refugees (1967)

Appendix 3 Universal Declaration of Human Rights (1948)

Appendix 4 International Covenant on Civil and Political Rights (1966)

Appendix 5 International Covenant on Economic, Social and Cultural Rights (1966)

Select Bibliography

Index.

Notes:

Title from publisher's bibliographic system (viewed on 19 Mar 2021).

ISBN:

1-108-85263-7

1-108-85287-4

1-108-86353-1

OCLC:

1295268889