James C Hathaway
Biographic Data
| ID | 1542037 |
|---|---|
| NAME | James C Hathaway |
| GIVEN NAMES | James C |
| FAMILY NAME | Hathaway |
| SIGNATURE | HATHAWAY J C |
| AFFILIATIONS | University of Michigan |
| ORCID | 0000-0002-2910-0975 |
| VERIFIED | Yes |
| TOTAL WORKS | 38 |
| TOTAL CITATIONS | 90 |
| WORKS AS AUTHOR | 38 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 1981 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 5 |
The Added Value of Civil Society Organizations in the Provision of Welfare State Services
Civil society organizations (CSOs) that deliver services on behalf of public authorities operate under increased competitive and standardization pressures. Given this background, many CSOs experience a need to justify why public authorities should continue to fund them. In this article, we underpin and develop a new understanding of added value, proposing it to be the perceived social value of services or programs provided by a CSO that differs p…
A Typology of Institutional Logics for Public Accountability Organizations in Zambia
This article presents a new typology of institutional logics that is useful for studying public accountability organizations in Zambia. The typology was developed by following the adaptive theory approach introduced by Derek Layder and is based on extant literature as well as on new empirical data from three public accountability organizations in Zambia, the Office of Auditor General, the Anti-Corruption Commission, and the national ombudsman off…
The Rights of Refugees under International Law
Do states have a duty to assimilate refugees to their own citizens? Are refugees entitled to freedom of movement, to be allowed to work, to have access to public welfare programs, or to be reunited with family members? Indeed, is there even a duty to admit refugees at all? This fundamentally rewritten second edition of the award-winning treatise presents the only comprehensive analysis of the human rights of refugees set by the UN Refugee Convent…
Assigning Protection
The theoretically global responsibility to protect refugees is today heavily skewed, with just ten countries - predominantly very poor - hosting more than half of the world's refugee population. Refugee protection has moreover become tantamount to warehousing for most refugees, with roughly half of the world's refugees stuck in »protracted refugee situations« for decades with their lives on hold. Both concerns - the unprincipled allocation of res…
The Global Cop-Out on Refugees
During the drafting of the 1951 Refugee Convention, a non-governmental observer - clearly frustrated by the difficulty of securing firm commitments to protect refugees - commented that:\ndecisions had at times given the impression that it was a conference for the protection of helpless sovereign states against the wicked refugee. The draft Convention had at times been in danger of appearing to the refugee like the menu at an expensive restaurant,…
Refuge
This is a timely and courageous book. The core argument is that the global refugee system is failing because it focuses on humanitarianism rather than on development. Until and unless we ‘move beyond the humanitarian silo ... to prioritize jobs, education, and economic empowerment for refugees’ (p 168) – and do so in a manner that works ‘within the constraints of the contemporary world’ (p 234) – our commitment to refugee protection will remain m…
What is the Meaning of State Protection in Refugee Law? A Debate
Journal Article What is the Meaning of State Protection in Refugee Law? A Debate Get access James C Hathaway, James C Hathaway * James E and Sarah A Degan Professor and Director, Program in Refugee and Asylum Law, University of Michigan. Search for other works by this author on: Oxford Academic Google Scholar Hugo Storey Hugo Storey † Judge of UK Upper Tribunal Immigration and Asylum Chamber; President, IARLJ–Europe. Search for other works by thi…
Should We Presume State Protection
Professors Hathaway and Macklin debate the legality of the “presumption of state protection” that the Supreme Court of Canada established as a matter of Canadian refugee law in the Ward decision. Professor Hathaway argues that this presumption should be rejected because it lacks a sound empirical basis and because it conflicts with the relatively low evidentiary threshold set by the Refugee Convention’s “well founded fear” standard. Professor Mac…
The Law of Refugee Status
The first edition of The Law of Refugee Status (published in 1991) is generally regarded as the seminal text on interpreting the refugee definition set by the UN's 1951 Refugee Convention. Its groundbreaking analysis served as the bedrock for not only much judicial reasoning, but also for a burgeoning academic literature in law and related fields. This second edition builds on the strong critical focus and human rights orientation of the first ed…
Food Deprivation
It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice but rather because their own desperation compels…
Forced Migration Studies
This essay questions the soundness of a scholarly shift away from 'refugee studies' in favour of 'forced migration studies'. It contends, first, that subsuming refugee studies into the broader framework of forced migration studies may result in a failure to take account of the specificity of the refugee's circumstances which are defined not just by movement to avoid the risk of harm, but by underlying social disfranchisement coupled with the unqu…
Refugee Solutions, or Solutions to Refugeehood
This is the text of a lecture delivered by James C. Hathaway in London in October 2006 to mark the twenty-fifth anniversary of the founding of Jesuit Refugee Service. The lecture was sponsored jointly by the Centre for the Study of Human Rights, London School of Economics; the Heythrop Institute for Religion, Ethics, and Public Life; and Jesuit Refugee Service (UK)
The Rights of Refugees under International Law
The Rights of Refugees under International Law
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 …
Membership of a Particular Social Group
Membership of a Particular Social Group: Discussion Paper No. 4 Advanced Refugee Law Workshop International Association of Refugee Law Judges Auckland, New Zealand, October 2002 James C. Hathaway, James C. Hathaway Search for other works by this author on: Oxford Academic Google Scholar Michelle Foster Michelle Foster Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 15, Issue 3,…
The Causal Connection ("Nexus") to a Convention Ground
Journal Article The Causal Connection (“Nexus”) to a Convention Ground: Discussion Paper No. 3 Advanced Refugee Law Workshop International Association of Refugee Law Judges Auckland, New Zealand, October 2002 Get access James C. Hathaway, James C. Hathaway Search for other works by this author on: Oxford Academic Google Scholar Michelle Foster Michelle Foster Search for other works by this author on: Oxford Academic Google Scholar International J…
Temporary Protection
The authors argue for a humane and dignified conceptualization of temporary protection, in which "refugee containment" is emphatically rejected. Mechanisms to respond to refugee vulnerabilities, safeguard the family, preserve forms of social organization, and meaningfully involve refugees in constructive interaction with their host communities are outlined. A maximum duration of five years is proposed, subject both to early adjustment to meet spe…
The Next Stage of the Reformulation Project
Contributors to the Reformulation Project have expressed support and outlined concerns, both of which we are now seeking to develop and address. our main areas of concern have arisen regarding our initiative to place a proposal for the fundamental restructuring of refugee law on the table at the present time: 1. There is not a consensus that the magnitude of the present crisis in the refugee protection system warrants its wholesale replacement by…
Toward the Reformulation of International Refugee Law
As powerful states have increasingly come to question the consonance of the Convention-based refugee law system with their more general migratory control objectives, a political space has evolved in which fundamental issues of the nature of international refugee protection are tenable for the first time since the immediate post-War era. While it is true that recent reform initiatives have generally been regionalized in scope and often restriction…
Constructing a Productive Other
New Directions to Avoid Hard Problems
New Directions to Avoid Hard Problems: The Distortion of the Palliative Role of Refugee Protection Get access JAMES C. HATHAWAY JAMES C. HATHAWAY Osgoode Hall Law School, York UniversityToronto Search for other works by this author on: Oxford Academic Google Scholar Journal of Refugee Studies, Volume 8, Issue 3, 1995, Pages 288–294, https://doi.org/10.1093/jrs/8.3.288 Published: 01 July 1995
Perface
Perface JAMES C. HATHAWAY JAMES C. HATHAWAY Osgoode Hall Law School, York UniversityToronto Search for other works by this author on: Oxford Academic Google Scholar 1General Rapporteur, International Academy of Comparative Law Study of the Legal Condition of Refugees. Author Notes Journal of Refugee Studies, Volume 7, Issue 1, 1994, Pages 79–110, https://doi.org/10.1093/jrs/7.1.79 Published: 01 January 1994
"Labelling the "Boat People
The legal status of Vietnamese asylum-seekers has not been defined in a consistently principled way. Initially, the Vietnamese boat people benefitted from a presumption of genuine refugee status codified at the 1979 Conference on Indochinese Refugees. As refugees, the Vietnamese were offered both temporary asylum in Asia and permanent resettlement overseas
National Consultation on Women's Issues in Immigration and Refugee Protection
Refugee Law and Human Rights
James Hathaway's recent work, in which he argues for a reconceptualization of refugee law and protection, has provoked extensive discussion. His paper entitled ’Reconceiving Refugee Law as Human Rights Protection“ appeared in the Journal of Refugee Studies 4: 2, 1991, pp. 113–131. We publish here a critique by Daniel Warner of Hathaway's propositions, set out in that and other publications, followed by a reply from James Hathaway
Forced Migration Studies
This essay questions the soundness of a scholarly shift away from 'refugee studies' in favour of 'forced migration studies'. It contends, first, that subsuming refugee studies into the broader framework of forced migration studies may result in a failure to take account of the specificity of the refugee's circumstances which are defined not just by movement to avoid the risk of harm, but by underlying social disfranchisement coupled with the unqu…
Reconceiving Refugee Law as Human Rights Protection
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 s…
The Evolution of Refugee Status in International Law
A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this descript…
"Labelling the "Boat People
The legal status of Vietnamese asylum-seekers has not been defined in a consistently principled way. Initially, the Vietnamese boat people benefitted from a presumption of genuine refugee status codified at the 1979 Conference on Indochinese Refugees. As refugees, the Vietnamese were offered both temporary asylum in Asia and permanent resettlement overseas
Refugee Law and Human Rights
James Hathaway's recent work, in which he argues for a reconceptualization of refugee law and protection, has provoked extensive discussion. His paper entitled ’Reconceiving Refugee Law as Human Rights Protection“ appeared in the Journal of Refugee Studies 4: 2, 1991, pp. 113–131. We publish here a critique by Daniel Warner of Hathaway's propositions, set out in that and other publications, followed by a reply from James Hathaway
Refugee Solutions, or Solutions to Refugeehood
This is the text of a lecture delivered by James C. Hathaway in London in October 2006 to mark the twenty-fifth anniversary of the founding of Jesuit Refugee Service. The lecture was sponsored jointly by the Centre for the Study of Human Rights, London School of Economics; the Heythrop Institute for Religion, Ethics, and Public Life; and Jesuit Refugee Service (UK)
New Directions to Avoid Hard Problems
New Directions to Avoid Hard Problems: The Distortion of the Palliative Role of Refugee Protection Get access JAMES C. HATHAWAY JAMES C. HATHAWAY Osgoode Hall Law School, York UniversityToronto Search for other works by this author on: Oxford Academic Google Scholar Journal of Refugee Studies, Volume 8, Issue 3, 1995, Pages 288–294, https://doi.org/10.1093/jrs/8.3.288 Published: 01 July 1995
The Conundrum of Refugee Protection in Canada
Canadian policy on the protection of refugees has evolved through three distinct traditions. During the first era, refugee protection was constructed as a matter of immigration control . Indeed, until the middle of the twentieth century, Canada had no law or policy specifically oriented to the admission of refugees. Refugees simply applied for permission to enter Canada under the auspices of the general immigration scheme, the primary purpose of …
La pérsecution par la proscroption économique
La presse et les rapports des organismes officiels et paragouvernernentaux, avec leur masse d'informations I'appui de violations flagrantes des droits de la personne, nous brossent un tableau plutot dprimant de notre monde. Selon Amnistie Internationale, il y aurait plus de 500 000 prisonniers politiques dans le nnonde, environ 63 pays recourent systmatiquement la torture et moins de 30 pays respectent les principes de la dmocratie librale
The Added Value of Civil Society Organizations in the Provision of Welfare State Services
Civil society organizations (CSOs) that deliver services on behalf of public authorities operate under increased competitive and standardization pressures. Given this background, many CSOs experience a need to justify why public authorities should continue to fund them. In this article, we underpin and develop a new understanding of added value, proposing it to be the perceived social value of services or programs provided by a CSO that differs p…
Food Deprivation
It is commonplace to speak of those in flight from famine, or otherwise migrating in search of food, as “refugees.” Over the past decade alone, millions of persons have abandoned their homes in North Korea, Sudan, Ethiopia, Congo, and Somalia, hoping that by moving they could find the nourishment needed to survive. In a colloquial sense, these people are refugees: they are on the move not by choice but rather because their own desperation compels…
Perface
Perface JAMES C. HATHAWAY JAMES C. HATHAWAY Osgoode Hall Law School, York UniversityToronto Search for other works by this author on: Oxford Academic Google Scholar 1General Rapporteur, International Academy of Comparative Law Study of the Legal Condition of Refugees. Author Notes Journal of Refugee Studies, Volume 7, Issue 1, 1994, Pages 79–110, https://doi.org/10.1093/jrs/7.1.79 Published: 01 January 1994
La pérsecution par la proscroption économique
La presse et les rapports des organismes officiels et paragouvernernentaux, avec leur masse d'informations I'appui de violations flagrantes des droits de la personne, nous brossent un tableau plutot dprimant de notre monde. Selon Amnistie Internationale, il y aurait plus de 500 000 prisonniers politiques dans le nnonde, environ 63 pays recourent systmatiquement la torture et moins de 30 pays respectent les principes de la dmocratie librale
Something Short of Justice
The Evolution of Refugee Status in International Law
A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this descript…
Compassion and Pragmatism
Open wide the floodgates?\nMuch of the initial media reaction to the recently released Plaut Report on the refugee status determination process unfortunately has given the impression that the changes proposed will in some sense give rise to "gatecrashing" by persons unwilling to comply with ordinary immigration requirements, thereby jeopardizing the ability of Canada to ensure the integrity of its borders. We are told that the adoption of the stu…
Betrayal
The Minister of Employment and Immigration, Flora MacDonald, at the last meeting of organizations concerned with refugees said that she had sorne reservations about universal access.But she claimed she had listened to the arguments of those concerned.The fact is that a consultative process is abused when the discussions proceed on one track with a variety of alternatives and, at the last minute, a radically different procedure Continued
The Humane and Just Alternative for Canada
The essence of C-55 ignores the admonition of the Standing Committee that we must be "knowledgeable and sensitive to human rights issues rather than immigration issues. The determination decision is not an immigration matter but instead a decision as to who are Convention refugees in need of Canada's protection." In stark contrast, immigration authorities have spoken of the importance of refugee law reform as a means of "enabling us to continue o…
Deterrents and Detention
In response to the clandestine arrivaI in Nova Scotia earlier this summer of 174 persons who subsequently claimed refugee status, the Federal Government recaUed Parliament two weeks ago to introduce Bill C-84. Styled the Deterrents and Detention Bill, its content is every bit as ominous as its title suggests. Although one of the Bill 's purposes is stated to he to preserve access for genuine refugees, clearly the opposite result is achieved by so…
"Irregular" Asylum Seekers
In 1985, the Executive Committee of UNHCR noted its concern about "the growing phenomenon of refugees and asylum-seekers who, having found protection in one country, move in an irregular manner to another country..." (Conclusion No. 36, para. j). At first glance, one might not view this conclusion as objectionable. With all of the millions of refugees in the world, most of who have no protection, why should we be concerned about the lot of a bunc…
Going into Limbo
Reconceiving Refugee Law as Human Rights Protection
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 s…
Refugee Law and Human Rights
James Hathaway's recent work, in which he argues for a reconceptualization of refugee law and protection, has provoked extensive discussion. His paper entitled ’Reconceiving Refugee Law as Human Rights Protection“ appeared in the Journal of Refugee Studies 4: 2, 1991, pp. 113–131. We publish here a critique by Daniel Warner of Hathaway's propositions, set out in that and other publications, followed by a reply from James Hathaway
The Conundrum of Refugee Protection in Canada
Canadian policy on the protection of refugees has evolved through three distinct traditions. During the first era, refugee protection was constructed as a matter of immigration control . Indeed, until the middle of the twentieth century, Canada had no law or policy specifically oriented to the admission of refugees. Refugees simply applied for permission to enter Canada under the auspices of the general immigration scheme, the primary purpose of …
The Law of Refugee Status
The Law of Refugee Status
"Labelling the "Boat People
The legal status of Vietnamese asylum-seekers has not been defined in a consistently principled way. Initially, the Vietnamese boat people benefitted from a presumption of genuine refugee status codified at the 1979 Conference on Indochinese Refugees. As refugees, the Vietnamese were offered both temporary asylum in Asia and permanent resettlement overseas
National Consultation on Women's Issues in Immigration and Refugee Protection
Perface
Perface JAMES C. HATHAWAY JAMES C. HATHAWAY Osgoode Hall Law School, York UniversityToronto Search for other works by this author on: Oxford Academic Google Scholar 1General Rapporteur, International Academy of Comparative Law Study of the Legal Condition of Refugees. Author Notes Journal of Refugee Studies, Volume 7, Issue 1, 1994, Pages 79–110, https://doi.org/10.1093/jrs/7.1.79 Published: 01 January 1994
New Directions to Avoid Hard Problems
New Directions to Avoid Hard Problems: The Distortion of the Palliative Role of Refugee Protection Get access JAMES C. HATHAWAY JAMES C. HATHAWAY Osgoode Hall Law School, York UniversityToronto Search for other works by this author on: Oxford Academic Google Scholar Journal of Refugee Studies, Volume 8, Issue 3, 1995, Pages 288–294, https://doi.org/10.1093/jrs/8.3.288 Published: 01 July 1995
Temporary Protection
The authors argue for a humane and dignified conceptualization of temporary protection, in which "refugee containment" is emphatically rejected. Mechanisms to respond to refugee vulnerabilities, safeguard the family, preserve forms of social organization, and meaningfully involve refugees in constructive interaction with their host communities are outlined. A maximum duration of five years is proposed, subject both to early adjustment to meet spe…
The Next Stage of the Reformulation Project
Contributors to the Reformulation Project have expressed support and outlined concerns, both of which we are now seeking to develop and address. our main areas of concern have arisen regarding our initiative to place a proposal for the fundamental restructuring of refugee law on the table at the present time: 1. There is not a consensus that the magnitude of the present crisis in the refugee protection system warrants its wholesale replacement by…
Toward the Reformulation of International Refugee Law
As powerful states have increasingly come to question the consonance of the Convention-based refugee law system with their more general migratory control objectives, a political space has evolved in which fundamental issues of the nature of international refugee protection are tenable for the first time since the immediate post-War era. While it is true that recent reform initiatives have generally been regionalized in scope and often restriction…
Constructing a Productive Other
Membership of a Particular Social Group
Membership of a Particular Social Group: Discussion Paper No. 4 Advanced Refugee Law Workshop International Association of Refugee Law Judges Auckland, New Zealand, October 2002 James C. Hathaway, James C. Hathaway Search for other works by this author on: Oxford Academic Google Scholar Michelle Foster Michelle Foster Search for other works by this author on: Oxford Academic Google Scholar International Journal of Refugee Law, Volume 15, Issue 3,…
The Causal Connection ("Nexus") to a Convention Ground
Journal Article The Causal Connection (“Nexus”) to a Convention Ground: Discussion Paper No. 3 Advanced Refugee Law Workshop International Association of Refugee Law Judges Auckland, New Zealand, October 2002 Get access James C. Hathaway, James C. Hathaway Search for other works by this author on: Oxford Academic Google Scholar Michelle Foster Michelle Foster Search for other works by this author on: Oxford Academic Google Scholar International J…
The Rights of Refugees under International Law
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 …
Political science (34 works) · Refugee (31 works) · Law (27 works) · Migration, Refugees, and Integration (25 works) · Sociology (24 works) · Law (23 works) · Refugee law (14 works) · Computer Science (9 works) · European Criminal Justice and Data Protection (9 works) · International Law and Human Rights (9 works)