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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
734.764.2359
E-mail jch@umich.edu

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 reflaw.org.

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

"A global Solution to a Global Refugee Crisis." Eur. Papers 1, no. 1 (2016): 93-9.
Full Text: 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 | Westlaw | Lexis

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

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 | Westlaw | Lexis | SSRN

Co-author. The Law of Refugee Status. 2nd ed. M. Foster, co-author. Cambridge: Cambridge University Press, 2014.
MLaw Catalog

"Food Deprivation: A Basis for Refugee Status?" Soc. Res. 81, no. 2 (2014): 327-39..
Full Text: MLaw Repository | ProQuest (UMich users) | ProQuest

Transnational Law: Cases and Materials. T. Dickinson, M. W. Reimann, and J. Samuels, co-authors. American Casebook Series. St. Paul, Minn.: West, 2013.
MLaw Catalog

"The Michigan Guidelines on the Exclusion of International Criminals." Mich J. Int'l L. 35, no. 1 (2013): 3-13. (These Guidelines reflect the consensus of all the participants at the Sixth Colloquium on Challenges in Refugee Law, held at Ann Arbor, Michigan, USA, on March 22-24, 2013.)
Full Text: MLaw Repository | HEIN (UMich users) | HEIN | Lexis | Westlaw | WWW

​Co-author. "Supervising the Refugee Convention." A. M. North and J. M. Pobjoy, co-authors. Introduction to Roundtable on the Future of Refugee Convention Supervision. J. Refugee Stud. 26, no. 3 (2013): 323-6.
Full Text: Oxford Journals (UMich users) | Oxford Journals | SSRN

Co-author. "Roundtable on the Future of Refugee Convention Supervision." A. M. North and R. Byrne, co-authors. J. Refugee Stud. 26, no. 3 (2013): 327-30.
Full Text: Oxford Journals (UMich users) | Oxford Journals | SSRN

Editor. Human Rights and Refugee Law, 2 vols. Human Rights Law series. Northampton, MA: Elgar, 2013.
MLaw Catalog

Introduction to Special Feature: Sixth Colloquium on Challenges in International Refugee Law. Mich. J. Int'l L. 35, no. 1 (2013): 1-2.
Full Text: MLaw Repository | HEIN(UMich users) | HEIN | Lexis | Westlaw | WWW
Professor

Activities

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.

Taught The Rights of Refugees Under International Law at the University of Tokyo, Japan, May 2016. ​

Presented "Fixing the International Refugee System" at the International Law Colloquium, Graduate Schools for Law and Politics at the University of Tokyo, Japan, May 2016. ​​

Presented "Responding to the Crisis in International Refugee Protection" at the Waseda University Institute of Comparative Law, Tokyo, Japan, May 2016.​

Presented "Understanding Cessation of Refugee Status" to the Norwegian Directorate of Immigration, Oslo, Norway, May 2016.​

Presented "Fixing the Refugee System" at Amsterdam Law School and the European Society of International Law, May 2016.​

Presented at the "Shifting Landscapes of Asylum in North America" workshop at Harvard University, May 2016.

Presented the keynote address, "State Protection: Questioning the Presumption," at the Ottawa Immigration Law Conference, April 2016.​

Presented "Asylum Law's Enigma—Particular Social Group" to the American Bar Association, New York, April 2016.

Presented "Fixing the Refugee System" at Amnesty International and the University of Ottawa, April 2016.​