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Full-Text Articles in Law
Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon
Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon
Upper Level Writing Requirement Research Papers
This comment argues that climate change threatens fundamental human rights recognized by the United Nations High Commissioner for Human Rights. Therefore, the United Nations should adopt the standards set forth in cases like Sacchi v. Argentina and Teitiota v. New Zealand to denote climate change as a threat to the right to health under Articles 11 and 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights. Climate change is already having monumental impacts on access to food and access to clean water and sanitation, which this comment demonstrates by analyzing two country case studies: The Central African …
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Refugees Under Duress: International Law And The Serious Nonpolitical Crime Bar, David Baluarte
Scholarly Articles
Congress intended that the serious nonpolitical crime bar under United States asylum law have the same meaning and scope as the 1F(b) Refugee Convention exclusion clause. The Supreme Court has repeatedly held that it was the intent of Congress to not only replicate the language of the provisions of the Refugee Convention in United States law, but to incorporate the full extent of the meaning of such language and bring the United States into compliance with its treaty obligations. Accordingly, when Congress reproduced exactly the language of the Article 1F(b) exclusion clause in the INA, it intended for that provision …
A Global Solution To A Global Refugee Crisis, James C. Hathaway
A Global Solution To A Global Refugee Crisis, James C. Hathaway
Articles
The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.
Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway
Non-Refoulement In A World Of Cooperative Deterrence, Thomas Gammeltoft-Hansen, James C. Hathaway
Articles
Developed states have what might charitably be called a schizophrenic attitude towards international refugee law. Determined to remain formally engaged with refugee law and yet unwavering in their commitment to avoid assuming their fair share of practical responsibilities under that regime, wealthier countries have embraced the politics of non-entrée, comprising efforts to keep refugees away from their territories but without formally resiling from treaty obligations. As the early generation of non-entrée practices — visa controls and carrier sanctions, the establishment of “international zones,” and high seas deterrence — have proved increasingly vulnerable to practical and legal challenges, new forms of …
Refugees And Asylum, James C. Hathaway
Refugees And Asylum, James C. Hathaway
Book Chapters
During the late nineteenth and early twentieth centuries, European governments enacted a series of immigration laws under which international migration was constrained in order to maximise advantage for States. These new, largely selfinterested laws clashed with the enormity of a series of major population displacements within Europe, including the flight of more than a million Russians between 1917 and 1922, and the exodus during the early 1920s of hundreds of thousands of Armenians from Turkey. The social crisis brought on by the de facto immigration of so many refugees - present without authorisation in countries where they enjoyed no protection …
The False Panacea Of Offshore Deterrence, James C. Hathaway
The False Panacea Of Offshore Deterrence, James C. Hathaway
Articles
Governments take often shockingly blunt action to deter refugees and other migrants found on the high seas, in their island territories and in overseas enclaves. There is a pervasive belief that when deterrence is conducted at arms-length from the homeland it is either legitimate or, at the very least, immune from legal accountability.
Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks
Is There A Subjective Element In The Refugee Convention's Requirement Of 'Well-Founded Fear'?, James C. Hathaway, William S. Hicks
Articles
Linguistic ambiguity in the refugee definition's requirement of "well-founded fear" of being persecuted has given rise to a wide range of interpretations. There is general agreement that a fear is "well-founded" only if the refugee claimant faces an actual, forward-looking risk of being persecuted in her country of origin (the "objective element"). But it is less clear whether the well-founded "fear" standard also requires a showing that the applicant is not only genuinely at risk, but also stands in trepidation of being persecuted. Beyond vague references to the subjective quality of "fear," few courts or commentators have undertaken the task …
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
The Michigan Guidelines On Well-Founded Fear, Colloquium On Challenges In International Refugee Law
Other Publications
An individual qualifies as a Convention refugee only if he or she has a "well-founded fear" of being persecuted. While it is generally agreed that the "well-founded fear" requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the "objective element"), linguistic ambiguity has resulted in a divergence of views regarding whether the test also involves assessment of the state of mind of the person seeking recognition of refugee status (the "subjective element").
What's In A Label?, James C. Hathaway
What's In A Label?, James C. Hathaway
Articles
One of the most striking features of the international refugee regime as it has evolved over the last quarter century is the proliferation of labels. Rather than simply assessing the circumstances of applicants against the Convention refugee definition, the governments of most developed states have instead invented a seemingly endless list of alternative statuses - "B" status, humanitarian admission, temporary protected status, special leave to remain, Duldung, and the like. Persons assigned one of these labels have generally been protected against refoulement in line with Article 33 of the Refugee Convention. But in a variety of other ways, they have …
Refugee Law Is Not Immigration Law, James C. Hathaway
Refugee Law Is Not Immigration Law, James C. Hathaway
Articles
The spectacle of the governments of Australia, Indonesia, and Norway playing pass the parcel with 400 refugees, most of them Afghans, is not an edifying one... Yet the issues of responsibility, over which the three governments are arguing, are important ones which, left unsettled in this and other cases, could only worsen the prospects for all refugees in the longer run. For the truth is that when what agreement has been painfully achieved between nations on how to deal with refugees breaks down, the natural reaction is to erect even higher barriers than already exist.
Why Supervise The Refugee Convention?, James C. Hathaway
Why Supervise The Refugee Convention?, James C. Hathaway
Articles
The Refugee Convention is the only major human rights treaty that is not externally supervised. Under all of the other key UN human rights accords — on the rights of women and children, against torture and racial discrimination, and to promote civil and political, as well as economic, social, and cultural rights — there is at least some effort made to ensure that States are held accountable for what they have signed onto.
Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway
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 …
Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick
Refugee Rights Are Not Negotiable, James C. Hathaway, Anne K. Cusick
Articles
America's troubled relationship with international law, in particular human rights law, is well documented. In many cases, the United States simply will not agree to be bound by international human rights treaties. For example, the United States has yet to ratify even such fundamental agreements as the International Covenant on Economic, Social and Cultural Rights, the Convention on the Elimination of all Forms of Discrimination Against Women, and the Convention on the Rights of the Child. When the United States does agree to become a party to an international human rights treaty, it has often sought to condition its acceptance …
Major Problems Of International Refugee Law, Wondwossen Lemma Kidane
Major Problems Of International Refugee Law, Wondwossen Lemma Kidane
LLM Theses and Essays
This thesis introduces the history behind the legal term “refugee” with the emphasis on the abstract and altogether ambiguous definition, international discrepancies, and the United Nations’ Convention of Status relating to Refugees adopted in 1951. The purpose of the thesis is to highlight the shortcomings of the Convention starting with the legal definition of a refugee then continuing to inherent defects of refugee law, problems of the exclusion/secession of refugee status as stated in the Convention, domestic application of the Convention, and finally some advances in points of suggestion.