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Hathaway, James C.

James E. and Sarah A. Degan Professor of Law
Director, Program in Refugee and Asylum Law

970 Legal Research

James C. Hathaway, the James E. and Sarah A. Degan Professor of Law, is a leading authority on international refugee law whose work is regularly cited by the most senior courts of the common law world. He is the founding director of Michigan Law's Program in Refugee and Asylum Law and the Distinguished Visiting Professor of International Refugee Law at the University of Amsterdam. From 2008 to 2010, Professor Hathaway was on leave to serve as dean of the Melbourne Law School, where he established Australia's first all-graduate (JD) law program. Before joining the Michigan Law faculty in 1998, he was professor of law and associate dean of the Osgoode Hall Law School (Toronto), and has been appointed a visiting professor at the universities of Cairo, California, Macerata, San Francisco, Stanford, Toronto, and Tokyo. He regularly provides training on refugee law to academic, non-governmental, and official audiences around the world. Professor Hathaway's publications include The Law of Refugee Status (2014), with Michelle Foster; Transnational Law: Cases and Materials (2013), with Mathias Reimann, Timothy Dickinson, and Joel Samuels; Human Rights and Refugee Law (2013); The Rights of Refugees Under International Law (2005); Reconceiving International Refugee Law (1997); and more than 80 journal articles. He is founding patron and senior adviser to Asylum Access, a nonprofit organization committed to delivering innovative legal aid to refugees in the global South, and counsel on international protection to the U.S. Committee for Refugees and Immigrants. Professor Hathaway sits on the editorial boards of the Journal of Refugee Studies, the Immigration and Nationality Law Reports, and

Recent Publications

More Publications...

Prosecuting a Refugee for "Smuggling" Himself. U of Michigan Public Law & Legal Theory Research Paper No. 429. Working Paper.
Full Text: SSRN

"Afterword." In Research Handbook on Climate Change, Migration, and the Law, edited by B. Mayer and F. Crépeau. Cheltenham, UK: Edward Elgar, 2017.
Full Text: WWW

"The Michigan Guidelines on Refugee Freedom of Movement." Mich. J. Int'l L. 39, no. 1 (2017).
Full Text: MLaw Repository | WWW

Co-author. "What is the Meaning of State Protection in Refugee Law?: A Debate." H. Storey, co-author, Int'l. J. of Refugee. L. 28, no. 3 (2016): 480-92.
Full Text: Lexis | WWW

"The Michigan Guidellines on Risk for Reasons of Political Opinion." Mich. J. Int'l L. 37, no. 2 (2016): 234-41.
Full Text: MLaw Repository | HEIN (UMich Users) | HEIN | Lexis | Westlaw

Co-author. "Should We Presume State Protection?" A. Macklin, co-author. Refuge 32, no. 3 (2016): 49-53.
Full Text: WWW

"A Global Solution to a Global Refugee Crisis." Eur. Papers 1, no. 1 (2016): 93-9.
Full Text: WWW​​

Introduction to Special Feature: Seventh Colloquium on Challenges in International Refugee Law. Mich. J. Int'l L. 37, no. 2 (2016): 229-31.
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw

Co-author. "Non-Refoulement in a World of Cooperative Deterrence." T. Gammeltoft-Hansen, co-author. Colum. J. Transnat'l L. 53, no. 2 (2015): 235-84.
Full Text: MLaw Repository | HEIN (UMich Users) | HEIN | Lexis | Westlaw | SSRN


Presented "Making International Refugee Law Relevant Again: How to Move Beyond Crisis Thinking" at the Munk School of Global Affairs, University of Toronto, November 2017.

Presented "Making International Refugee Law Relevant Again: How to Move Beyond Crisis Thinking" at Vanderbilt Law School, Nashville, October 2017.

Presented a daylong course, "Are Persons Fleeing Armed Conflict Refugees?", to more than 100 judges and legal staff of the Administrative Court of Sweden, Gothenburg, September 2017.

Presented a guest lecture at the University of Helsinki Faculty of Law, September 2017.

Gave the keynote address on "Moving Beyond Crisis Thinking on Refugee Protection" at a conference co-sponsored by the Erik Castren Institute of International Law and Human Rights and the Finnish Human Rights Centre, Helsinki, September 2017.

Gave a guest lecture on comparative asylum law and delivered the Khalid Ishaque Distinguished Lecture at the Shaikh Ahmad Hassan School of Law, Lahore University of Management Sciences, Lahore, Pakistan, May 2017.

Gave a guest lecture on the right to asylum as a human right and delivered a public lecture entitled "Fixing the Refugee System" at the University of the South Pacific, Port Vila, Vanuatu, April 2017.

Received an honorary doctorate for his contributions to the field of international refugee law, University of Amsterdam, January 2017.

Presented "The Rights of Refugees Under International Law" to the European Council on Refugees and Exiles at the Advanced ELENA Course on The Rights of Refugees, Berlin, December 2016.

Presented "Hong Kong's Unified Screening Mechanism: Mach III" to The Law Society of Hong Kong, November 2016.

Gave a TEDx talk on "Fixing the Refugee System" at the Fundamental Rights Forum through the FRA (European Union Agency for Fundamental Rights), June 2016.