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James Hathaway | |
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Born | 1956 (age 67–68) |
Nationality | American, Canadian |
Education | McGill University York University (LLB) Columbia University (LLM, SJD) |
Academic career | |
Institution | University of Michigan |
Field | refugee law |
School or tradition | refugee law |
James Hathaway (born 1956) is a Canadian-American scholar of international refugee law and related aspects of human rights and public international law. His work has been frequently cited by the most senior courts of the common law world, and has played a pivotal role in the evolution of refugee studies scholarship. Hathaway pioneered the understanding of refugee status as surrogate or substitute protection of human rights, [1] authored the world's first comprehensive analysis of the human rights of refugees, merging doctrinal study of refugee and human rights law with empirical analysis of the state of refugee protection around the world [2] and directed a groundbreaking multidisciplinary and global team of scholars and officials in an initiative to reconceive the structures of refugee protection more fairly to share burdens and responsibilities. [3] Hathaway also convened the Michigan Colloquium on Challenges in International Refugee Law, which met eight times between 1999 and 2017 to formulate guidelines [4] to resolve cutting-edge concerns on both refugee status and refugee rights under international law. An archive of Hathaway's scholarly working papers has been established at the University of Michigan's Bentley Historical Library. [5]
Hathaway is the Founding Editor of Cambridge Asylum and Migration Studies, and served as Senior Advisor to Asylum Access, a non-profit organization committed to delivering innovative legal aid to refugees in the Global South (2013-2022) and Counsel on International Protection to the United States Committee for Refugees and Immigrants (2008-2022).
Hathaway started his undergraduate education at McGill University from 1974 to 1976, studying international political economy. He then earned his Bachelor of Laws with honors from Osgoode Hall Law School at York University in 1979, followed by his Master of Laws and Doctor of Juridical Science from Columbia Law School in 1982. [6] He was called to the bars of the Canadian provinces of Ontario and New Brunswick. He presently resides in San Francisco and Vancouver.
Hathaway is the Degan Professor of Law Emeritus at the University of Michigan Law School (USA) where he served as the founding Director of the Program in Refugee and Asylum Law (1998-2022).
He has been appointed a visiting professor at the American University in Cairo, and at the Universities of California, Macerata, San Francisco, Stanford, Tokyo, and Toronto. Hathaway was also the Distinguished Visiting professor of International Refugee Law at the University of Amsterdam from 2010 to 2022.
Prior to joining the Michigan faculty, Hathaway served as founding faculty member of the Ecole de droit de l'Université de Moncton (Canada)(1981-1984), the world's first French-language common law program of study, and Professor of Law and Associate Dean of York University's Osgoode Hall Law School (1984-1998).
From 2008 until 2010, Hathaway was on leave from Michigan Law School to serve as the Dean and William Hearn Chair of Law at the Melbourne Law School in Australia. [7] At Melbourne he led the Law School's transition to become Australia's first, all-graduate (JD) program. [8] Hathaway's main focus was to establish Melbourne as Australia's leading law school, including by joining other law schools from around the world to establish the London-based Centre for Transnational Legal Studies, and launching joint degree programs linking Melbourne with leading law schools on three continents, including the Chinese University of Hong Kong (JD/LLM), New York University (JD/JD and JD/LLM) and Oxford University (JD/BCL).
Hathaway's scholarly work focuses on international human rights and refugees.
Among his publications are a treatise on the refugee definition, The Law of Refugee Status: 2nd Edition (with M. Foster) (2014); [1] and an analysis of the nature of the legal duty to protect refugees, The Rights of Refugees under International Law: 2nd Edition (2021); [2] and an interdisciplinary study of refugee law reform, Reconceiving International Refugee Law (1997). [9] He has also published more than 100 journal articles, book chapters, and commentaries on refugee law and related questions.
A refugee, conventionally speaking, is a person who has lost the protection of their country of origin and who cannot or is unwilling to return there due to well-founded fear of persecution. Such a person may be called an asylum seeker until granted refugee status by the contracting state or the United Nations High Commissioner for Refugees (UNHCR) if they formally make a claim for asylum.
An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum in that other country. An asylum seeker is an immigrant who is making a claim to have been forcibly displaced and might have fled their home country because of war or other factors harming them or their family. If their case is accepted, they become considered a refugee. The terms asylum seeker, refugee and illegal immigrant are often confused.
Osgoode Hall Law School, commonly shortened to Osgoode, is the law school of York University in Toronto, Ontario, Canada. It is home to the Law Commission of Ontario, the Journal of Law and Social Policy, and the Osgoode Hall Law Journal. A variety of LL.M. and Ph.D. degrees in law are available.
The Georgetown University Law Center is the law school of Georgetown University, a private research university in Washington, D.C., United States. It was established in 1870 and is the largest law school in the United States by enrollment, with over 2,000 students. It frequently receives the most full-time applications of any law school in the United States.
Refugee law is the branch of international law which deals with the rights and duties states have vis-a-vis refugees. There are differences of opinion among international law scholars as to the relationship between refugee law and international human rights law or humanitarian law.
The University of Michigan Law School is the law school of the University of Michigan, a public research university in Ann Arbor, Michigan. Founded in 1859, the school offers Master of Laws (LLM), Master of Comparative Law (MCL), Juris Doctor (JD), and Doctor of the Science of Law (SJD) degree programs.
The right of asylum, sometimes called right of political asylum, is an ancient juridical concept, under which people persecuted by their own rulers might be protected by another sovereign authority, such as a second country or another entity which in medieval times could offer sanctuary. This right was recognized by the Ancient Egyptians, the Greeks, and the Hebrews, from whom it was adopted into Western tradition. René Descartes fled to the Netherlands, Voltaire to England, and Thomas Hobbes to France, because each state offered protection to persecuted foreigners.
The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951 is a United Nations multilateral treaty that defines who a refugee is and sets out the rights of individuals who are granted asylum and the responsibilities of nations that grant asylum. The Convention also sets out which people do not qualify as refugees, such as war criminals. The Convention also provides for some visa-free travel for holders of refugee travel documents issued under the convention.
Non-refoulement is a fundamental principle of international law that forbids a country receiving asylum seekers from returning them to a country in which they would be in probable danger of persecution based on "race, religion, nationality, membership of a particular social group or political opinion". Unlike political asylum, which applies to those who can prove a well-grounded fear of political persecution, non-refoulement refers to the generic repatriation of people, including refugees into war zones and other disaster locales.
The United States recognizes the right of asylum for individuals seeking protections from persecution, as specified by international and federal law. People who seek protection while outside the U.S. are termed refugees, while people who seek protection from inside the U.S. are termed asylum seekers. Those who are granted asylum are termed asylees.
Jeffry A. House is a retired lawyer who practiced in Toronto, Ontario, Canada. He is best known for his efforts on behalf and representation of fugitive American soldiers and Indigenous protesters.
Wayne State University Law School is the law school of Wayne State University in Detroit. Wayne Law is located in Midtown, Detroit's Cultural Center. Founded in 1927, the law school offers juris doctor (J.D.), master of laws (LL.M.), online master of studies in law, and minors in law degree programs.
Robert Alexander Neve, OC is a Canadian human rights activist and the secretary general of Amnesty International Canada.
Plaintiff M70 is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act. The purpose of the deportation was to avoid their asylum application from being assessed by Australia.
Michael Kagan is an American academic and immigrant rights lawyer. He is Professor of Law at the University of Nevada, Las Vegas. He is the director of tof he UNLV Immigration Clinic, which specializes in deportation defense, including of unaccompanied children.
LGBT migration is the movement of lesbian, gay, bisexual and transgender (LGBT) people around the world or within one country. LGBT individuals choose to migrate so as to escape discrimination, bad treatment and negative attitudes due to their sexuality, including homophobia and transphobia. These people are inclined to be marginalized and face socio-economic challenges in their home countries. Globally and domestically, many LGBT people attempt to leave discriminatory regions in search of more tolerant ones.
Refugee health care is the provision of health services to refugees and refugee claimants. As early as 2009, health researchers identified particular medical needs and health vulnerabilities amongst these populations. Compared to other immigrants, they report more physical, emotional, and dental problems and, compared to those born in Canada, they have higher rates of infections and chronic diseases that are both treatable and preventable.
Deborah Eve Anker is an American Professor of Law and Director of the Harvard Law School Immigration and Refugee Clinical Program, which she co-founded in 1984. The HIRC is a clinical and academic program that engages students in representation, and teaches institutional context, legal doctrine and theory. She has been a Harvard academic for over 35 years. Anker is the author of the treatise, Law of Asylum in the United States, and she has co-drafted gender asylum guidelines and amicus curiae briefs. Her scholarly work on asylum is widely cited, frequently by international and domestic courts and tribunals, including the United States Supreme Court.
Particular social group (PSG) is one of five categories that may be used to claim refugee status according to two key United Nations documents: the 1951 Convention relating to the Status of Refugees and the 1967 Protocol relating to the Status of Refugees. The other four categories are race, religion, nationality, and political opinion. As the most ambiguous and open-ended of the categories, the PSG category has been the subject of considerable debate and controversy in refugee law. Note that just as with the other four categories, membership in a PSG is not sufficient grounds for being granted refugee status. Rather, to be granted refugee status, one must both demonstrate membership in one of the five categories and a nexus between that membership and persecution one is facing or risks facing.
In Canada, Lesbian, Gay, Bisexual, or Transgender (LGBT) or Gender and Sexual Minority (GSM) refugees and asylum-seekers are those who make refugee claims to Canada due to their sexual orientation or gender identity.