Columbia International Affairs Online: Working Papers

CIAO DATE: 01/2015

Stanford Working Group on Responding to Refugees

James C. Hathaway, Roland Hsu

March 2014

Center for International Security and Cooperation

Abstract

As matter of principle, the international community has agreed to a treaty-based rights regime designed to make refugees autonomous drivers of their own survival and future. Under international law, refugee status and rights accrue based on facts, not formalities. The interests of receiving states are addressed by the treaty's emphasis on incremental acquisition of rights as attachment increases; by contingent rights structure; by rules addressing legitimate security concerns and the duties of refugees and by the elimination of obligations to the duration of risk in the refugee's country of origin.