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图书目录:Acknowledgments
Table of cases Table of treaties and other international instruments Abbreviations for courts and tribunals cited Introduction International law as a source of refugee rights 1.1 A modern positivist understanding of the sources of universal rights 1.1.1 Customary law 1.1.2 General principles of law 1.1.3 Jus cogens standards 1.2 The present scope of universal human rights law 1.2.1 Human rights under customary international law 1.2.2 Human rights derived from general principles of law 1.2.3 Human rights set by the United Nations Charter 1.3 An interactive approach to treaty interpretation 1.3.1 The perils of "ordinary meaning" 1.3.2 Context 1.3.3 Object and purpose, conceived as effectiveness 1.3.4 But what about state practice? The evolution of the refugee rights regime 2.1 International aliens law 2.2 International protection of minorities 2.3 League of Nations codifications of re|ugee rights 2.4 The Convention relating to the Status of Refugees 2.4.1 Substantive rights 2.4.2 Reservations 2.4.3 Temporal and geographical restrictions 2.4.4 Duties of refugees 2.4.5 Non-impairment of other rights 2.5 Post-Convention sources of refugee rights 2.5.1 Protocol relating to the Status of Refugees 2.5.2 Conclusions and guidelines on international protection 2.5.3 Regional refugee rights regimes 2.5.4 International human rights law 2.5.5 Duty of equal protection of non-citizens 2.5.6 International aliens law The structure of entitlement under the Refugee Convention 3.1 Attachment to the asylum state 3.1.1 Subject to a state's jurisdiction 3.1.2 Physical presence 3.1.3 Lawful presence 3.1.4 Lawful stay 3.1.5 Durable residence 3.2 The general standard of treatment 3.2.1 Assimilation to aliens 3.2.2 Exemption from reciprocity 3.2.3 Exemption from insurmountable requirements 3.2.4 Rights governed by personal status 3.3 Exceptional standards of treatment 3.3.1 Most-favored-national treatment 3.3.2 National treatment 3.3.3 Absolute rights 3.4 Prohibition of discrimination between and among refugees 3.5 Restrictions on refugee rights 3.5.1 Suspension of rights for reasons of national security 3.5.2 Exemption from exceptional measures Rights of refugees physically present 4.1 Right to enter and remain in an asylum state ( non-refoulement) 4.1.1 Beneficiaries of protection 4.1.2 Nature of the duty of non-refoulernent 4.1.3 Extraterritorial refoulement 4.1.4 Individuated exceptions 4.1.5 Qualified duty in the case of mass influx 4.1.6 An expanded concept of non-refoulernent? 4.2 Freedom from arbitrary detention and penalization for illegal entry 4.2.1 Beneficiaries of protection 4.2.2 Non-penalization 4.2.3 Expulsion 4.2.4 Provisional detention and other restrictions on freedom of movement 4.3 Physical security 4.3.1 Right to life 4.3.2 Freedom from torture, cruel, inhuman, or degrading treatment 4.3.3 Security of person 4.4 Necessities of life 4.4.1 Freedom from deprivation 4.4.2 Access to food and shelter 4.4.3 Access to healthcare 4.5 Property rights 4.5.1 Movable and immovable property rights 4.5.2 Tax equity 4.6 Family unity 4.7 Freedom of thought, conscience, and religion 4.8 Education 4.9 Documentation of identity and status 4.10 Judicial and administrative assistance Rights of refugees lawfully present 5.1 Protection from expulsion 5.2 Freedom of residence and internal movement 5.3 Self-employment Rights of refugees lawfully staying 6.1 Right to work 6.1.1 Wage-earning employment 6.1.2 Fair working conditions 6.1.3 Social security 6.2 Professional practice 6.3 Public relief and assistance 6.4 Housing 6.5 Intellectual property rights 6.6 International travel 6.7 Freedom of expression and association 6.8 Assistance to access the courts Rights of solution 7.1 Repatriation 7.2 Voluntary reestablishment 7.3 Resettlement 7.4 Naturalization Epilogue: Challenges to the viability of refugee rights The challenge of enforceability The challenge of political will Appendices 1 Convention relating to the Status of Refugees (1951) 2 Protocol relating to the Status of Refugees (1967) 3 Universal Declaration of Human Rights (1948) 4 International Covenant on Civil and Political Rights (i966) 5 International Covenant on Economic, Social and Cultural Rights (1966) Select bibliography Index |