The Law of Refugee Status

The long-awaited second edition of this seminal text, reconceived as a critical analysis of the world's leading comparative asylum jurisprudence.

James C. Hathaway (Author), Michelle Foster (Author)

9781107688421, Cambridge University Press

Paperback / softback, published 3 July 2014

773 pages
24.7 x 17.2 x 4.3 cm, 1.32 kg

'For practitioners it is invaluable in that The Law of Refugee Status offers a comprehensive normative framework for interpreting the refugee definition through the prism of case law. This is, in a way, the book's most unique characteristic. While not only useful as a reference tool, it also represents the authors' synthesis of a complex and vast body of jurisprudence that has developed to respond to everevolving social realities and legal contexts in which refugees find themselves.' Radha Govil and Alexandra McDowa, Australian Year Book of International Law

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 edition, but undertakes an entirely original analysis of the jurisprudence of leading common law and select civil law states. The authors provide robust responses to the most difficult questions of refugee status in a clear and direct way. The result is a comprehensive and truly global analysis of the central question in asylum law: who is a refugee?

1. Alienage
2. Well-founded fear
3. Serious harm
4. Failure of state protection
5. Nexus to civil or political status
6. Persons no longer needing protection
7. Persons not deserving protection.

Subject Areas: International humanitarian law [LBBS], International human rights law [LBBR], Public international law [LBB], Law [L], Human rights [JPVH], International relations [JPS], Migration, immigration & emigration [JFFN], Refugees & political asylum [JFFD]