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15 Refuge 1 (1996-1997)

handle is hein.journals/rfgcjr15 and id is 1 raw text is: CANADA'S PERIODICAL ON REFUGEES R EFU EJ Volume 15 Number 1 SPECIAL ISSUE ON REFORMULATION OF INTERNATIONAL REFUGEE LAW Toward the Reformulation of International Refugee Law James C. Hathaway As powerful states have increasingly come to question the consonance of the Convention-based refugee law system with their more general migratory control objectives, a political space has evolved in which fundamental issues of the nature of international refugee protection are tenable for the first time since the immediate post-War era. While it is true that recent reform initiatives have generally been region- alized in scope and often restrictionist in tendency, the Reformulation Project is examining the possibility of re-invig- orating a universal protection regime characterized by an enhanced concep- tual scope aligned with the norms of international human rights law, yet tailored to take real account of the legitimate interests of receiving coun- tries. Our goal is to promote the recon- ceptualization of international refugee law based on the three principles of in- ternational human rights law, respect for distinct national values, and effec- tive international burden sharing. The Reformulation Project seeks to promote critical thinking on a blueprint for a new refugee protec- tion system which would dispense with the present, arbitrarily assigned, non-collectivized duty of states to provide long-term asylum. Our objec- tive is to investigate the possibility of a more universally accessible and human rights-defined system of refu- gee law premised not on long-term © James C. Hathaway, 1996. This open-access work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, which permits use, reproduction and distribution in any medium for non-commercial purposes, provided the original author(s) are credited and the original publication in Refuge: Canada's Journal on Refugees is cited. CONTErNS: Toward the Reformulation of International Refugee Law Jam es C. H athaw ay ................................................................................... 1 Some Thoughts on the Ethical Dimensions of the Project to Reformulate International Refugee Law John Haley ..................... 5 Excerpts from Five Studies in Action I. International Administration Kathleen Newland and Galina Vitkovskaia ......................................... 6 II. Fiscal Burden Sharing Amitav Acharya and David B. Dewitt ....... 8 III. Temporary Protection Manuel Angel Castillo and James C. Hathaway... ............ 10 IV. Responsibility Sharing Astri Suhrke and Asha Hans................... 12 V. Repatriation and Development Assistance Robert F. Gorman and Gaim Kibreab..................... 14 Toward Reformulation of International Refugee Law: Symposium Report Bill Frelick............................................................. 16 The Next Stage of the Reformulation Project James C. Hathaway ... 23 Research Essay: Struggling for Legal Status: Mainland Chinese Refugees Ethnic Mobilization in Canada Tian Guang and Lu fin................ 26 0*40\

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