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January 3, 2007

Protection Elsewhere

Cite as: James C. Hathaway, The Michigan Guidelines on Protection Elsewhere, Adopted January 3, 2007, 28 Mich. J. Int’l L. 207 (2007). THE MICHIGAN GUIDELINES ON PROTECTION ELSEWHERE English / French / Russian / Arabic Introduction Refugees increasingly encounter laws and policies which provide that their protection needs will be considered or addressed somewhere other than in the territory of the state where they have sought, or intend to seek, protection. Such policies-including “country of first arrival,”
November 17, 2005

Well-Founded Fear

Cite as: James C. Hathaway, The Michigan Guidelines on Well-Founded Fear, 26 Mich. J. Int’l L. 493 (2005). THE MICHIGAN GUIDELINES ON WELL-FOUNDED FEAR English / French / Russian / Arabic Introduction An individual qualifies as a Convention refugee only if he or she has a “well-founded fear” of being persecuted. While it is generally agreed that the “well-founded fear” requirement limits refugee status to persons who face an actual, forward-looking risk of being persecuted (the “objective
November 17, 2001

Nexus to a Convention Ground

Cite as: James C. Hathaway, The Michigan Guidelines on Nexus to a Convention Ground, 23 Mich. J. Int’l L. 211 (2002). THE MICHIGAN GUIDELINES ON NEXUS TO A CONVENTION GROUND English / French / Russian / Arabic Introduction Efforts to promote the contemporary vitality of the Convention refugee definition have usually focussed on refining our understanding of the circumstances in which an individual may be said to be at risk of “being persecuted,” or on giving contemporary
Cite as: James C. Hathaway, The Michigan Guidelines on The Internal Protection Alternative, 21 Mich. J. Int’l L. 134 (1999). THE MICHIGAN GUIDELINES ON THE INTERNAL PROTECTION ALTERNATIVE English / French / Russian / Arabic Introduction In many jurisdictions around the world, ‘internal flight’ or ‘internal relocation’ rules are increasingly relied upon to deny refugee status to persons at risk of persecution for a Convention reason in part, but not all, of their country of origin. In this,