Today, the concept of "the refugee" as distinct from other migrants looms large. Immigration laws have developed to reinforce a dichotomy between those viewed as voluntary, often economically motivated, migrants who can be legitimately excluded by potential host states, and those viewed as forced, often politically motivated, refugees who should be let in. In Crossing, Rebecca Hamlin argues against advocacy positions that cling to this distinction.
While de jure stateless persons are clearly protected by the 1954 Convention relating to the Status of Stateless Persons, this book seeks to explore the extent to which such persons are also entitled to refugee status.
Common wisdom suggests that 9/11 changed everything about refugee law in the United States and Canada. But did it? Refugee Law after 9/11 systematically examines the evidence to reveal that refugee rights were already so whittled down in both countries before 9/11 that there was relatively little room for negative change after the attacks. It also shows that the Canadian refugee law regime reacted to 9/11 in much the same way as its US counterpart, and these similar reactions raise significant questions about security relativism and national self-image in the two countries.
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 Convention and international human rights law. It follows the refugee's journey from flight to solution, examining every rights issue both historically and by reference to the decisions of senior courts from around the world.