Open Access. Powered by Scholars. Published by Universities.®

Immigration Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2001

International Law

Articles 1 - 8 of 8

Full-Text Articles in Immigration Law

Emigrant Remittances: Policies To Increase Inflows And Maximize Benefits, Alexander C. O'Neill Oct 2001

Emigrant Remittances: Policies To Increase Inflows And Maximize Benefits, Alexander C. O'Neill

Indiana Journal of Global Legal Studies

No abstract provided.

Go to article

A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy May 2001

A Proposed Legislative Scheme To Solve The Mexican Immigration Problem, Samuel W. Bettwy

San Diego International Law Journal

This Article proposes a legislative scheme to undo the incentives that Congress has created and perpetuated since the 1960s for Mexicans to live unlawfully in the United States. The main features of the proposed scheme are: (1) the exemption of all family-sponsored immigrant visas from Mexico's per-country quota, (2) a guaranteed percentage of the quota of diversity ("lottery") visas for Mexicans who have no family member or employer who has sponsored their immigration, (3) a waiver of unlawful presence for Mexicans who return to Mexico by a specified deadline, and (4) revocation of the visa petitions of Mexicans who remain …

Go to article

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton Jan 2001

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Go to article

Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin Jan 2001

Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin

Michigan Journal of International Law

This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …

Go to article

Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn Jan 2001

Problems And Solutions Regarding Indigenous Peoples Split By International Borders, Richard Osburn

American Indian Law Review

No abstract provided.

Go to article

Interpretation Of The Definition Of 'Refugee' Under Art. 1(A)(2) Of The Convention Relating To The Status Of Refugees, With A View To The Elaboration Of A Community Instrument To Guide The Application Of The Refugee Convention Pursuant To Art.63(1)(C) Of The Treaty Of The European Communities, James C. Hathaway Jan 2001

Interpretation Of The Definition Of 'Refugee' Under Art. 1(A)(2) Of The Convention Relating To The Status Of Refugees, With A View To The Elaboration Of A Community Instrument To Guide The Application Of The Refugee Convention Pursuant To Art.63(1)(C) Of The Treaty Of The European Communities, James C. Hathaway

Other Publications

In approaching the task of recommending how to structure a Directive on common minimum standards for the recognition ofrefugee status in the Member States of the European Union, I have struggled to avoid two extremes. On the one hand, my recommendations might simply have reflected a search for the common denominator of relevant practice. The risk of this sort of analysis is, of course, that it clearly promotes a "race to the bottom," in which those States which presently fully implement their international obligations are encouraged to reduce the standard of protection. The alternative extreme would have been to define …

Go to article

Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway Jan 2001

Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway

Book Chapters

While many of us in the refugee protection community have traditionally seen temporary protection as something to be resisted, I believe that temporary protection could, in contrast, be a profoundly important part of a solution to the international refugee protection crisis. To make my argument that the right kind of temporary protection could be an important means to give new life to international refugee protection, I will briefly address three issues. First, I would like to suggest why it is that states around the world, in the North and increasingly in the South as well, are refusing the live up …

Go to article

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey Jan 2001

Framing Refugee Protection In The New World Disorder, James C. Hathaway, Colin J. Harvey

Articles

A number of jurisdictions have fastened onto a "solution" that appears to reconcile respect for refugee law with the determination of states to rid themselves quickly of potentially violent asylum seekers. Courts in these states have been persuaded that a person who has committed or facilitated acts of violence may lawfully be denied a refugee status hearing under a clause of the Refugee Convention that authorizes the automatic exclusion of persons whom the government reasonably believes are international or extraditable criminals. Refugee law so interpreted is reconcilable with even fairly blunt measures for the exclusion of violent asylum seekers. In …

Go to article