This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
Preface; Acknowledgements; Table of cases; Abbreviations for courts and tribunals cited; Articles of key treaties cited; 1. International law as a source of refugee rights; 2. The evolution of the refugee rights regime; 3. The structure of entitlement under the refugee convention; 4. Rights of refugees physically present; 5. Rights of refugees lawfully present; 6. Rights of refugees lawfully staying; 7. Rights of solution; Epilogue; Appendices; Select bibliography; Index.
Winner of the 2007 American Society of International Law Certifice of Merit for High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars
"Jim Hathaway is indisputably one of the most interesting and provocative scholars working on international refugee law today. Any book he writes in this field is of major importance."
--Philip Alston, Professor of Law, New York University
"This is a remarkable study. As he did in his earlier seminal text, The Law of Refugee Status (1991), Professor Hathaway charts the way forward to a dynamic and purposive interpretation of the Refugee Convention while remaining true to its text, object and purpose. No government official, refugee decision-maker or refugee advocate can conscientiously approach the Refugee Convention without this landmark text on refugee rights."
Rodger Haines, QC Deputy Chair, New Zealand Refugee Status Appeals Authority
"James Hathaway undoubtedly stands as the intellectual architect of contemporary refugee law... He is a scholar of unparalleled depth, rigor, clarity and integrity. Professor Hathaway's writings, linking refugee and human rights law have already, and no doubt will continue to, transform both fields."
--Deborah Anker, Harvard Law School
"Professor Hathaway's scholarly new work builds upon, and vindicates, his world-wide authority. It is encyclopedic in its scope. Propositional statements are supported by extensive footnote references to authoritative sources. Hathaway's analysis is likely to be a necessary point of reference in any serious exposition, or development, of the law relating to refugees."
--The Australian Bar Review
"A well-researched comprehensive study of international refugee rights...Hathaway not only describes and interprets the convention the Convention in the jurisprudence and an overview of customary government practices. The global breadth of this book combined with its detailed analysis of legal texts and practices make it a truly unique scholarly publication...This book promises to become a leading treatise on refugee rights and should have a place on the shelves of all those who are concerned with human rights."
--Tugba Basaran, Human Rights and Human Welfare