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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 .
International law is largely silent on the issue of nationality law with the exception of cases of dual nationality or where someone is claiming rights under refugee law but as, argued by the political theorist Hannah Arendt, human rights are often tied to someone's nationality. [123]
Therefore, states are obligated under the convention and under customary international law to respect the principle of non-refoulement. If this principle is threatened, UNHCR can respond by intervening with relevant authorities and, if it deems necessary, will inform the public. [17] Refugees shall be treated at least like nationals in relation to
The Protocol Relating to the Status of Refugees is a key treaty in international refugee law.It entered into force on 4 October 1967, and 146 countries are parties. The 1951 United Nations Convention Relating to the Status of Refugees restricted refugee status to those whose circumstances had come about "as a result of events occurring before 1 January 1951", as well as giving states party to ...
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law is primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law.
International Law and the Arab-Israeli Conflict by Julius Stone; The Feasibility of the Right of Return by Salman Abu-Sittah; Palestinian Refugees and the Right of Return: An International Law Analysis by Gail J. Boling; The Palestinian Refugees and the non-existence of the Right of Return, Ben-Dror Yemini
Non-refoulement (/ r ə ˈ f uː l m ɒ̃ /) is a fundamental principle of international law anchored in the Convention Relating to the Status of Refugees that forbids a country from deporting ("refoulement") any person to any country in which their "life or freedom would be threatened" on account of "race, religion, nationality, membership of a particular social group or political opinion".
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.