Abbreviations for courts and tribunals cited = 1
Introduction = 1
1 International law as a source of refugee rights = 15
1.1 A modern positivist understanding of the sources of universal rights = 16
Customary law = 24
General principles of law = 26
Jus cogens standards = 28
1.2 The present scope of universal human rights law = 31
Human rights under customary international law = 34
Human rights derived from general principles of law = 39
Human rights set by the United Nations Charter = 41
1.3 An interactive approach to treaty interpretation = 48
The perils of ``ordinary meaning'' = 49
Context = 53
Object and purpose, conceived as effectiveness = 55
But what about state practice? = 68
2 The evolution of the refugee rights regime = 75
2.1 International aliens law = 75
2.2 International protection of minorities = 81
2.3 League of Nations codifications of refugee rights = 83
2.4 The Convention relating to the Status of Refugees = 91
Substantive rights = 93
Reservations = 95
Temporal and geographical restrictions = 96
Duties of refugees = 98
Non-impairment of other rights = 108
2.5 Post-Convention sources of refugee rights = 110
Protocol relating to the Status of Refugees = 110
Conclusions and guidelines on international protection = 112
Regional refugee rights regimes = 118
International human rights law = 119
Duty of equal protection of non-citizens = 123
International aliens law = 147
3 The structure of entitlement under the Refugee Convention = 154
3.1 Attachment to the asylum state = 156
Subject to a state's jurisdiction = 160
Physical presence = 171
Lawful presence = 173
Lawful stay = 186
Durable residence = 190
3.2 The general standard of treatment = 192
Assimilation to aliens = 196
Exemption from reciprocity = 200
Exemption from insurmountable requirements = 205
Rights governed by personal status = 209
3.3 Exceptional standard of treatment = 228
Most-favored-national treatment = 230
National treatment = 234
Absolute rights = 237
3.4 Prohibition of discrimination between and among refugees = 238
3.5 Restrictions on refugee rights = 260
Suspension of rights for reasons of national security = 261
Exemption from exceptional measures = 270
4 Rights of refugees physically present = 278
4.1 Right to enter and remain in an asylum state (non-refoulement) = 279
Beneficiaries of protection = 302
Nature of the duty of non-refoulement = 307
Extraterritorial refoulement = 335
Individuated exceptions = 342
Qualified duty in the case of mass influx = 355
An expanded concept of non-refoulement? = 363
4.2 Freedom from arbitrary detention and penalization for illegal entry = 370
Beneficiaries of protection = 388
Non-penalization = 405
Expulsion = 412
Provisional detention and other restrictions on freedom of movement = 413
4.3 Physical security = 439
Right to life = 450
Freedom from torture, cruel, inhuman, or degrading treatment = 453
Security of person = 457
4.4 Necessities of life = 460
Freedom from deprivation = 461
Access to food and shelter = 471
Access to healthcare = 507
4.5 Property rights = 514
Movable and immovable property rights = 517
Tax equity = 527
4.6 Family unity = 533
4.7 Freedom of thought, conscience, and religion = 560
4.8 Education = 584
4.9 Documentation of identity and status = 614
4.10 Judicial and administrative assistance = 626
5 Rights of refugees lawfully present = 657
5.1 Protection from expulsion = 659
5.2 Freedom of residence and internal movement = 695
5.3 Self-employment = 719
6 Rights of refugees lawfully staying = 730
6.1 Right to work = 730
Wage-earning employment = 739
Fair working conditions = 763
Social security = 772
6.2 Professional practice = 786
6.3 Public relief and assistance = 800
6.4 Housing = 813
6.5 Intellectual property rights = 829
6.6 International travel = 840
6.7 Freedom of expression and association = 874
6.8 Assistance to access the courts = 905
7 Rights of solution = 913
7.1 Repatriation = 917
7.2 Voluntary reestablishment = 953
7.3 Resettlement = 963
7.4 Naturalization = 977
Epilogue: Challenges to the viability of refugee rights = 991
The challenge of enforceability = 992
The challenge of political will = 998
Appendices
1 Convention relating to the Status of Refugees (1951) = 1003
2 Protocol relating to the Status of Refugees (1967) = 1019
3 Universal Declaration of Human Rights (1948) = 1023
4 International Covenant on Civil and Political Rights (1966) = 1030
5 International Covenant on Economic, Social and Cultural Rights (1966) = 1050
Select bibliography = 1061
Index 1073
Introduction = 1
1 International law as a source of refugee rights = 15
1.1 A modern positivist understanding of the sources of universal rights = 16
Customary law = 24
General principles of law = 26
Jus cogens standards = 28
1.2 The present scope of universal human rights law = 31
Human rights under customary international law = 34
Human rights derived from general principles of law = 39
Human rights set by the United Nations Charter = 41
1.3 An interactive approach to treaty interpretation = 48
The perils of ``ordinary meaning'' = 49
Context = 53
Object and purpose, conceived as effectiveness = 55
But what about state practice? = 68
2 The evolution of the refugee rights regime = 75
2.1 International aliens law = 75
2.2 International protection of minorities = 81
2.3 League of Nations codifications of refugee rights = 83
2.4 The Convention relating to the Status of Refugees = 91
Substantive rights = 93
Reservations = 95
Temporal and geographical restrictions = 96
Duties of refugees = 98
Non-impairment of other rights = 108
2.5 Post-Convention sources of refugee rights = 110
Protocol relating to the Status of Refugees = 110
Conclusions and guidelines on international protection = 112
Regional refugee rights regimes = 118
International human rights law = 119
Duty of equal protection of non-citizens = 123
International aliens law = 147
3 The structure of entitlement under the Refugee Convention = 154
3.1 Attachment to the asylum state = 156
Subject to a state's jurisdiction = 160
Physical presence = 171
Lawful presence = 173
Lawful stay = 186
Durable residence = 190
3.2 The general standard of treatment = 192
Assimilation to aliens = 196
Exemption from reciprocity = 200
Exemption from insurmountable requirements = 205
Rights governed by personal status = 209
3.3 Exceptional standard of treatment = 228
Most-favored-national treatment = 230
National treatment = 234
Absolute rights = 237
3.4 Prohibition of discrimination between and among refugees = 238
3.5 Restrictions on refugee rights = 260
Suspension of rights for reasons of national security = 261
Exemption from exceptional measures = 270
4 Rights of refugees physically present = 278
4.1 Right to enter and remain in an asylum state (non-refoulement) = 279
Beneficiaries of protection = 302
Nature of the duty of non-refoulement = 307
Extraterritorial refoulement = 335
Individuated exceptions = 342
Qualified duty in the case of mass influx = 355
An expanded concept of non-refoulement? = 363
4.2 Freedom from arbitrary detention and penalization for illegal entry = 370
Beneficiaries of protection = 388
Non-penalization = 405
Expulsion = 412
Provisional detention and other restrictions on freedom of movement = 413
4.3 Physical security = 439
Right to life = 450
Freedom from torture, cruel, inhuman, or degrading treatment = 453
Security of person = 457
4.4 Necessities of life = 460
Freedom from deprivation = 461
Access to food and shelter = 471
Access to healthcare = 507
4.5 Property rights = 514
Movable and immovable property rights = 517
Tax equity = 527
4.6 Family unity = 533
4.7 Freedom of thought, conscience, and religion = 560
4.8 Education = 584
4.9 Documentation of identity and status = 614
4.10 Judicial and administrative assistance = 626
5 Rights of refugees lawfully present = 657
5.1 Protection from expulsion = 659
5.2 Freedom of residence and internal movement = 695
5.3 Self-employment = 719
6 Rights of refugees lawfully staying = 730
6.1 Right to work = 730
Wage-earning employment = 739
Fair working conditions = 763
Social security = 772
6.2 Professional practice = 786
6.3 Public relief and assistance = 800
6.4 Housing = 813
6.5 Intellectual property rights = 829
6.6 International travel = 840
6.7 Freedom of expression and association = 874
6.8 Assistance to access the courts = 905
7 Rights of solution = 913
7.1 Repatriation = 917
7.2 Voluntary reestablishment = 953
7.3 Resettlement = 963
7.4 Naturalization = 977
Epilogue: Challenges to the viability of refugee rights = 991
The challenge of enforceability = 992
The challenge of political will = 998
Appendices
1 Convention relating to the Status of Refugees (1951) = 1003
2 Protocol relating to the Status of Refugees (1967) = 1019
3 Universal Declaration of Human Rights (1948) = 1023
4 International Covenant on Civil and Political Rights (1966) = 1030
5 International Covenant on Economic, Social and Cultural Rights (1966) = 1050
Select bibliography = 1061
Index 1073