The Rights of Refugees under International Law (Google eBook)

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Cambridge University Press, Sep 15, 2005 - Political Science
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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.
  

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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 ... Read full review

Contents

414 Individuated exceptions
342
415 Qualified duty in the case of mass influx
355
476 An expanded concept of nonrefoulement?
363
42 Freedom from arbitrary detention and penalization for illegal entry
370
421 Beneficiaries of protection
388
423 Expulsion
412
424 Provisional detention and other restrictions on freedom of movement
413
43 Physical security
439

123 Human rights set by the United Nations Charter
41
13 An interactive approach to treaty interpretation
48
131 The perils of ordinary meaning
49
132 Context
53
133 Object and purpose conceived as effectiveness
55
134 But what about state practice?
68
The evolution of the refugee rights regime
75
22 International protection of minorities
81
23 League of Nations codifications of refugee rights
83
24 The Convention relating to the Status of Refugees
91
241 Substantive rights
93
242 Reservations
95
243 Temporal and geographical restrictions
96
244 Duties of refugees
98
245 Nonimpairment of other rights
108
25 PostConvention sources of refugee rights
110
252 Conclusions and guidelines on international protection
112
253 Regional refugee rights regimes
118
254 International human rights law
119
255 Duty of equal protection of noncitizens
123
256 International aliens law
147
The structure of entitlement under the Refugee Convention
154
31 Attachment to the asylum state
156
311 Subject to a states jurisdiction
160
312 Physical presence
171
313 Lawful presence
173
314 Lawful stay
186
315 Durable residence
190
32 The general standard of treatment
192
321 Assimilation to aliens
196
322 Exemption from reciprocity Refugee Convention Art 7 Exemption from reciprocity
200
323 Exemption from insurmountable requirements
205
324 Rights governed by personal status
209
33 Exceptional standards of treatment
228
331 Mostfavorednational treatment
230
332 National treatment
234
333 Absolute rights
237
34 Prohibition of discrimination between and among refugees
238
35 Restrictions on refugee rights
260
351 Suspension of rights for reasons of national security
261
352 Exemption from exceptional measures
270
Rights of refugees physically present
278
41 Right to enter and remain in an asylum state nonrefoulement
279
411 Beneficiaries of protection
302
412 Nature of the duty ononrefoulement
307
413 Extraterritorial refoulement
335
431 Right to life
450
432 Freedom from torture cruel inhuman or degrading treatment
453
433 Security of person
457
44 Necessities of life
460
441 Freedom from deprivation
461
442 Access to food and shelter
471
443 Access to healthcare
507
45 Property rights
514
451 Movable and immovable property rights
517
452 Tax equity
527
46 Family unity
533
47 Freedom of thought conscience and religion
560
48 Education
584
49 Documentation of identity and status
614
410 Judicial and administrative assistance
626
Rights of refugees lawfully present
657
51 Protection from expulsion
659
52 Freedom of residence and internal movement
695
53 Selfemployment
719
Rights of refugees lawfully staying
730
611 Wageearning employment
739
672 Fair working conditions
763
613 Social security
772
62 Professional practice
786
63 Public relief and assistance
800
64 Housing
813
65 Intellectual property rights
829
66 International travel
840
67 Freedom of expression and association
874
68 Assistance to access the courts
905
Rights of solution
913
71 Repatriation
917
72 Voluntary reestablishment
953
73 Resettlement
963
74 Naturalization
977
Challenges to the viability of refugee rights
991
The challenge of enforceability
992
The challenge of political will
998
Convention relating to the Status of Refugees 1951
1003
Protocol relating to the Status of Reguees 1967
1019
Universal Declaration of Human Rights 1948
1023
International Covenant on Civil and Political Rights 1966
1030
International Covenant on Economics Social and Cultural Rights 1966
1050
Select bibliography
1061
Index
1073
Copyright

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Page 57 - Recourse may be had to supplementary means of interpretation, including the preparatory work of the treaty and the circumstances of its conclusion, in order to confirm the meaning resulting from the application of Article 31, or to determine the meaning when the interpretation according to Article 31: (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable.
Page 45 - The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Page 33 - In the event of a conflict between the obligations of the Members of the United Nations under the present Charter and their obligations under any other international agreement, their obligations under the present Charter shall prevail.

About the author (2005)

James E. and Sarah A. Degan Professor of Law, University of Michigan.

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