| Автор | HATHAWAY, JAMES C. |
| Дата выпуска | 1991 |
| dc.description | This paper proceeds from the view that refugee law is fundamentally a means of reconciling the national self-interest of powerful states to the inevitability of involuntary migration. As industrialized states have become increasingly dissatisfied with the attentiveness of the Convention-based refugee law system to their exclusionary objectives, the reform of refugee law has been placed on the international agenda in a variety of fora.The paper suggests that it may be possible to re-orient the reform movement towards an alignment of refugee law with international human rights law. This requires that the current regime be re-focused on the restoration of the refugee's right to community membership, and that a binding system of inter-state obligation be enacted to ensure temporary asylum. By defining the duty of protection beyond the first asylum stage to be a function of the relative resources and absorptive capacities of states, it is posited that the substantive scope of refugee law could simultaneously be extended to a significantly broader class of involuntary migrant than at present. |
| Формат | application.pdf |
| Издатель | Oxford University Press |
| Копирайт | © Oxford University Press |
| Тема | Articles |
| Название | Reconceiving Refugee Law as Human Rights Protection<sup>†</sup> |
| Тип | research-article |
| Electronic ISSN | 1471-6925 |
| Print ISSN | 0951-6328 |
| Журнал | Journal of Refugee Studies |
| Том | 4 |
| Первая страница | 113 |
| Последняя страница | 131 |
| Аффилиация | Osgoode Hall Law School, York UniversityToronto, Canada |
| Выпуск | 2 |
