Michigan Journal of International Law Appendix IV

Michigan Journal of International Law Michigan Journal of International Law

Volume 3 Issue 1

1982

Appendix IV Appendix IV

Michigan Jouranl of International Law

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Selected Works on the Rightsand Status of Refugees UnderUnited States andInternational Law, 1960-1980

INTERNATIONAL LAW

Aga Khan, Sadruddin. Asylum-Article 14 of the Universal Declaration of HumanRights, 8 J. INT'L COMM'N JUR., December 1967, 27-33. On theoccasion of the twentieth anniversary of the Universal Declara-tion of Human Rights, the then-UN High Commissioner forRefugees briefly summarizes recent developments in nationaland international refugee law, and notes that, while not recog-nizing a right to be granted asylum, the law has progressedbeyond the recognition of a mere right to seek and enjoy asy-lum as provided in Article 14 of the Declaration.

Legal Problems Relating to Refugees and Displaced Persons, 149 HAGUE

ACAD. INT'L L., RECUEIL DES COURs 289-352 (1976). The formerUN High Commissioner for Refugees presents a summary ofthe evolution of international refugee law, focusing on the de-velopment and role of the Office of the High Commissioner. Ofparticular interest is the discussion of the continuing expansionof the powers and responsibilities of the High Commissionerwith respect to persons not within the definition of refugeecontained in the Statute of the UNHCR. The author concludesby identifying new criteria for intervention by the High Com-missioner's office.

Asian-African Legal Consultative Committee. THE RIGHTS OF REFUGEES: RE-PORT OF THE COMMITTEE AND BACKGROUND MATERIALS. New Delhi:Secretariat of the Committee (1967). 409 pp. Draft principlesconcerning the status and treatment of refugees, adoptedunanimously by the committee at its eighth session in 1966, arereproduced in one volume along with an extensive memoran-

590 TRANSNATIONAL LEGAL PROBLEMS OF REFUGEES

dum prepared by the Secretariat of the Committee and com-ments on the text of the draft principles submitted by UNHCR.The appendices include the text of the final report of the Col-loquium on Legal Aspects of Refugee Problems held in Bellagio,Italy, in April 1965, and a background paper submitted to thecolloquium by UNHCR.

Blaustein, Albert P., et al. Refugees: A New Dimension in International HumanRights, 70 AM. Soc'Y INT'L L. PROc. 58-80 (1976). The commentsand discussion of a five person panel meeting at the HarvardLaw School under the auspices of the American Society ofInternational Law address in general terms current aspects andfuture implications of refugee problems.

Bonee, John L. Caesar Augustus and the Right of the Asians-the International LegalImplications of the Asian Explusion From Uganda During 1972, 8 INT'L

LAW. 136-159 (1974). This article chronologically reviews theevents leading to and immediately following the expulsion ofAsians from Uganda, and examines the legal implications of theUgandan Government's expropriation of the deported Asians'property. The author concludes that, although the Ugandanactions were violative of customary international law, prospectsfor the payment of just compensation are remote.

Brooks, Hugh C., and El-Ayouty, Yassin, eds. REFUGEES SOUTH OF THE SAHA-

RA: AN AFRICAN DILEMMA. Westport, Conn.: Negro UniversitiesPress (1970). 307 pp. A collection of papers, presented at asymposium at St. John's University in 1967, includes discussionof legal and nonlegal problems facing refugees in Africa, as wellas an appendix containing relevant international treaties andresolutions, a summary of UNHCR activities in Africa, and astatistical study of refugees in Africa.

Buehrig, Edward H. THE UN AND THE PALESTINIAN REFUGEES: A STUDY IN

NONTERRITORIAL ADMINISTRATION. Bloomington: Indiana Univer-

sity Press (1971). 215 pp. The author examines the variousactions taken by the UN to aid Palestinian refugees. He exam-ines not only the legal status and powers of the United NationsRelief and Works Agency for Palestinian Refugees (UNRWA),which has been delegated responsibility for providing educa-tion, health, and other welfare services directly to refugees,services typically provided by national governments, but alsothe history and effects of its actions. Events in the Middle Eastsubsequent to 1971 may date this material, but do not invali-date many of the author's insights.

APPENDIX IV 591

Chartrand, Philip E. The Organization of African Unity and African Refugees: AProgress Report, 137 WORLD AFF. 265-285 (1975). After reviewingthe efforts of African governments to handle refugee problemsat the regional level through the OAU, the author describes andpoints to such recent developments as the grant of increasedauthority and resources to a Bureau for the Placement andEducation of African Refugees as evidence of an importantcommitment undertaken by all OAU member states to facilitatepermanent solutions to refugee problems. The author defersfinal judgment, however, until further evidence is available onthe extent that the described commitments are fulfilled.

Claydon, John. Internationally Uprooted People and the Transnational Protection ofMinority Culture, 24 N.Y.L. SCH. L. REv. 125-151 (1978). Althoughmuch has been accomplished on an international level to pro-vide a wide variety of basic rights to individuals who are forcedto leave their homeland, the author argues that little progressin the protection of the cultural distinctiveness of such peopleshas been achieved. Emphasizing the relation between culturalrights and other basic human rights, the author sketches outcurrent legal provisions of international conventions and decla-rations relating to the maintenance of cultural rights, and pro-poses ways to protect minority culture in the future.

Council of Europe. EXPLANATORY REPORT ON THE EURoPEAN AGREEMENT ON

TRANSFER OF RESPONSIBILITY FOR REFUGEES. Strasbourg: Council ofEurope (1980). 26 pp. The Council's report on the Agreement,which was opened for signature on October 16, 1980, includesthe text of the Agreement and a brief discussion of its provi-sions.

Denver Journal of International Law and Policy. Human Rights and Uganda'sExpulsion of Its Asian Minority, 3 DEN. J. INT'L L. & PoL'Y 107-115(1973). In this brief comment, the author argues that the expul-sion by Uganda in 1972 of persons of Asian origin violatedinternational law, but acknowledges the absence of effectiveprocedures or institutional machinery on the international levelproviding protection to such individuals.

Ferencz, Benjamin B. Compensating Victims of the Crimes of War, 12 VA. J. INT'L

L. 343-356 (1972). The author, who served as executive counselfor the Nuremberg War Crime Trials, discusses the legal basesof a state's civil responsibility for war crimes perpetrated by itsmilitary, and suggests a practical program by which the United


States could compensate victims of wrongful conduct on thepart of its officers during the Vietnam war.

Fowler, Dulcey B. The Developing Jurisdiction of the United Nations High Commis-sioner for Refugees, 7 HUMAN RIGHTS J. 119-144 (1974). The expan-sion of the personal and functional jurisdiction of UNHCR istraced from its origins in the UNHCR Statute and the 1951Convention to its present scope under the 1967 Protocol, recentGeneral Assembly resolutions, and current state practice. Theauthor advocates further expansion to permit intervention ona more formal basis on behalf of persons displaced within theircountry of nationality, in particular the power to: (1) deal withoppressive governments with respect to the protection of repa-triated persons and (2) provide and coordinate material assist-ance when requested by the government of the countryinvolved.

Ghai, Yash P., et al. Expulsion and Expatriation in International Law: The Right toLeave, to Stay, and to Return, 67 AM. Soc'Y INT'L L. PROC. 122-140(1973). The participants in a panel propose and discuss variousinternational legal measures designed to protect the right tofreedom of movement across national frontiers.

Goodwin-Gill, Guy S. INTERNATIONAL LAW AND THE MOVEMENT OF PERSONS

BETWEEN STATES. Oxford: Clarendon Press (1978). 324 pp. Tradi-tional principles of municipal law regarding the right of nationsto admit or refuse entry to aliens, the treatment due alienswithin a foreign nation, and the right to expel aliens are dis-cussed in light of emerging rules of international law, such asthe principle of nondiscrimination and recognition of humanrights. The author, a legal adviser and protection officer inUNHCR, concludes that traditional powers of nation stateshave been significantly limited.

Gottlieb, Gidon A. G. International Assistance to Civilian Populations in ArmedConflicts, 4 N.Y.U.J. INT'L L. & POL. 403-430 (1971). The authorexamines the international law of humanitarian assistance tovictims of domestic armed conflict and civil strife and considersproposals for effective remedial action. He traces the history ofUN intervention to protect human rights in South Africa, theMiddle East, and Pakistan, and points out, in each context, thepresence of such legal and political barriers to internationalhumanitarian intervention as the status of individuals underinternational law, the theory of state sovereignty, and the con-cept of regional autonomy.

APPENDIX IV 593

Grahl-Madsen, Atle. Expulsion of Refugees, 33 NORDISK TIDSSKRIFT FOR INTERNA-TIONAL RET 41-50 (1963). Articles 32 and 33 of the 1951 Conven-tion relating to the Status of Refugees, which forbid theexpulsion of refugees, are closely examined, with particularemphasis on the public order and national security exceptionsof Article 32 and the Article 33 exception for persons constitut-ing a danger to the community or to the security of the country.

Further Development of International Refugee Law, 35 NORDISK TIDSSKRIFTFOR INTERNATIONAL RET 159-180 (1965). The author reviews in-ternational treaties concerning refugees from 1922 to 1965 andproposes four new agreements to complement them: (1) anAgreement on the Concept of Refugee, supplementing the Ref-ugee Convention of 1951, (2) a Protocol, expanding the cover-age of the term "refugee," (3) a Plan for the Distribution ofRefugees, proposing a quota system for the countries of West-ern Europe, and (4) an Agreement for the Improvement of theStatus of Refugees, which would grant refugees the rights ofnationals.

Refugees within the Competence of the United Nations, 12 A.W.R. BULL.16-22 (1974). The author argues that both recent practice andan analysis of the deliberations preceding the adoption of theStatute of the UNHCR provide legal support for the power ofthe High Commissioner to intervene on behalf of persons notwithin the definition of refugee contained in either the Statuteor the 1951 Convention on the Status of Refugees.

TERRITORIAL ASYLUM. Stockholm: Almquist & Wiksell Interna-tional (1980). 231 pp. The author presents a comprehensiveexamination of the concept of territorial asylum, including itshistory and present significance. He includes discussion of thelaws on asylum of major nations, a thorough analysis of theresults of the 1977 UN Conference on Territorial Asylum, andhis own proposed protocol on territorial asylum. Of specialusefulness is the annex containing excerpts from the texts ofsignificant international instruments relating to the subject ofterritorial asylum.

The European Tradition of Asylum and the Development of Refugee Law, 3J. PEACE RESEARCH 278-289 (1966). This short article considershow the traditional right of asylum has evolved into a complexcollection of rules. The author's survey covers the developmentof international refugee law from the 17th century to the


present, briefly identifying and discussing the major nationaland international legislative achievements.

THE STATUS OF REFUGEES IN INTERNATIONAL LAW. 2 vols. Leiden: A.W. Sijthoff (1966, 1972). 499 pp., 482 pp. This work, in twovolumes, is an exhaustive treatment of international refugeelaw. Volume I discusses the definition and status of refugeesunder international law, and Volume II focuses on the rights ofrefugees with respect to asylum, entry, and sojourn.

Grahl-Madsen, Atle, and Melander, Gbran, eds. TOWARDS AN ASYLUM CON-

VENTION: REPORT OF THE NANSEN SYMPOSIUM. Mimeographed.

Geneva: International University Exchange Fund (1976). 49 pp.The Nansen Symposium was convened in 1976, joining scholarsand public officials from eighteen countries, to review the draftsof three conventions on territorial asylum, each of which isreproduced in this document: a draft prepared by a group ofexperts in 1972 under the auspices of the Carnegie Endowment,an amended version produced by a UN Group of Experts in1975, and a draft prepared by the editors to reflect the findingsof the participants. The final report of the symposium summa-rizes areas of agreement and disagreement among the partici-pants.

Hamrell, Sven, ed. REFUGEE PROBLEMS IN AFRICA. Uppsala: ScandinavianInstitute of African Studies (1967). 123 pp. This collection ofseven essays, derived from a colloquium at the University ofUppsala, Sweden, focuses on the legal, political, and economicproblems peculiar to refugees in Africa, and addresses Africansolutions to refugee problems. Two essays focus on the roles ofvoluntary agencies and the United Nations in meeting Africanproblems, but the book's tenor resounds in the statement by theeditors that the "final answer" to Africa's refugee problem is"the response of African society to an African problem."

Harvard International Law Journal. Skyjacking and Refugees: The Effect of theHague Convention Upon Asylum, 16 HARV. INT'L L.J. 93-112 (1975).The student author analyzes two provisions of the Hague Con-vention for the Suppression of Unlawful Seizure of Aircraft,which require that skyjacking be treated as an extraditableoffense and that persons not extradited be severely punishedunder the laws of the state of arrival. Contending that theseprovisions should not apply to a refugee-skyjacker, one who isfleeing persecution in his country of origin, the author con-

APPENDIX IV 595

cludes by proposing a protocol to the Convention to clarify itsmeaning as applied to this situation.

The Dilemma of the Sea Refugee: Rescue without Refugee, 18 HARV. INT'L

L. J. 577-604 (1977). The author examines a paradox: on the onehand, a shipmaster is obligated to rescue refugees at sea; on theother hand, no nation is obligated to receive refugees oncerescued. Finding both civil and criminal liability under munici-pal law insufficient to enforce the duty to rescue, the authorsuggests either the adoption of a convention requiring thegranting of temporary asylum or the creation of a fund to reim-burse shipowners who rescue refugees at sea.

Hauser, Rita E. International Protection of Minorities and the Right of Self-Determina-hion, 1 ISRAEL Y.B. HUMAN RIGHTS 92-102 (1971). The author, theU.S. representative to the UN Commission on Human Rights atthe time of writing, traces efforts in the past century to preservethe human rights and cultural uniqueness of minority groups.Among the topics discussed are the relative inaction of theUnited Nations in this area and the absence of minority protec-tions in the independence treaties of former Western colonies.The author concludes that the time is ripe to review the issueof minority protection, since the right of self-determination, ifleft in doubt, "contains the seed of civil and international con-flict."

Holborn, Louise W. REFUGEES: A PROBLEM OF OUR TIME. 2 vols. Metuchen,N.J.: Scarecrow Press (1975). 1525 pp. This comprehensivestudy describes the worldwide activities of the Office of theUNHCR from 1951 to 1972. The instruments of internationalaid to refugees prior to the creation of the UNHCR and theimplementation of the Statute of the UNHCR are initially dis-cussed. The largest section of this two-volume work, however,is a geographically-organized evaluation of refugee problemswithin the political, economic, and social framework in whichthey occurred.

Ingles, Jose D. Study of Discrimination in Respect of the Right of Everyone to Leave AnyCountry, Including His Own, and to Return to His Own Country, 15 U.N.Commission on Human Rights, Subcommission on Persecutionof Discrimination and Protection of Minorities, U.N. Doc. E/CN.4/sub.2/220/Rev.1 (1962). 93 pp. This study examines theextent to which certain rights to leave and to return withinArticle 13 of the Universal Declaration of Human Rights maybe affected by various discriminatory actions by individual


states, and the extent to which other considerations, such asnational security or public order, may also affect these rights.The author proposes a set of draft principles for considerationby the Commission on Human Rights.

Inter-American Council of Jurists. Inter-American Juridical Committee.NEW ARTICLES ON DIPLOMATIC ASYLUM. Washington: Pan Ameri-can Union (1960). 15 pp. The committee's report reviewsproposals to amend the 1954 Caracas Conventions on Diplo-matic and Territorial Asylum and recommends the adoption ofa protocol containing provisions intended to resolve frequentdisputes over extradition procedures.

International Commission of Jurists. THE APPLICATION IN LATIN AMERICA OF

INTERNATIONAL DECLARATIONS AND CONVENTIONS RELATING TO Asy-LUM. Mimeographed. Geneva: International Commission of Ju-rists (1975). 64 pp. This study, prepared by the Commissionstaff, summarizes the rights and status of refugees under inter-national law and under various conventions in force in LatinAmerica, and reviews refugee problems in several Latin Ameri-can nations. Of particular interest are case studies of the treat-ment received by refugees in countries of first asylum. Thesetwo studies were limited, however, by the refusal of two coun-tries to admit Commission representatives and by the arrest ofa representative at the border of a third.

International Law Association. Legal Aspects of the Problem of Asylum, [1972]REPORT OF THE 55TH CONFERENCE 176-211. The Committee on theLegal Aspects of the Problem of Asylum, at its final meeting,adopted draft conventions on territorial and diplomatic asylum,both of which are contained in the report along with the com-ments of members of the committee.

Jahn, Eberhard. Developments in Refugee Law in the Framework of Regional Organiza-tions Outside Europe, 4 A.W.R. BULL. 77-90 (1966). The author usesthe 1951 Convention relating to the Status of Refugees as atouchstone in analyzing the shortcomings of various reportsand agreements concerning refugees adopted by the Organiza-tion of American States, the Asian-African Consultive Com-mittee, and the Organization of African Unity. The formativenature of these reports and agreements precludes extensiveanalysis. The author, anticipating the adoption of the 1967protocol, supports the Bellagio Colloquium's recommendationto extend the ambit of the 1951 Convention to those peoplewho have become refugees after 1951.

APPENDIX IV 597

The Work of the African-Asian Legal Consultative Committee on the LegalStatus of Refugees, 27 ZEITSCHRIFT FUR AUSLXNDISCHES OFFENTLICHESRECHT UND VOLKERRECHT 122-138 (1967). This article reviewsefforts by the committee to develop the rights of refugees inAsia and Africa and examines key concepts reflected in the draftprinciples adopted by the committee, in particular the reviseddefinition of refugee and the minimum standard of treatmentfor refugees. The author concludes that the draft principles,although they reflect agreement only on minimal standards,nevertheless represent an important step forward for refugees.

Johnson, D.H.N. Refugees, Departees and Illegal Migrants, 9 SYDNEY L. REv. 11-57(1980). Using the case of the Vietnamese boat people arrivingon Australian shores as an illustration, the author examines anumber of questions of international and Australian law. Theinquiry covers the international legal liability of a governmentthat causes a large number of its residents to leave under peril-ous conditions and the circumstances under which a govern-ment might have a duty to prevent people from leaving itsterritory, as well as the responsibilities of countries of firstasylum to people seeking refuge by sea.

Journal of International Law and Economics. South Vietnamese Refugees: Pawnsof Insurgency, 7 J. INT'L L. & ECON. 89-101 (1972). The social,political, and military forces behind the displacement of largenumbers of South Vietnamese nationals between 1964 and 1972is examined in this student note. The author criticizes theinadequacy of the Geneva Convention on Civilians of 1949with respect to the protection of local populations in the con-text of guerilla conflicts. The author also criticizes aspects ofU.S. military policy, which the author claims unnecessarily in-tensified the impact of the war on noncombatants.

Krenz, Frank E. The Refugee as a Subject of International Law, 15 INT'L & COMP.L.Q. 90-116 (1966). This article reviews the areas in whichindividuals have been recognized as bearers of internationalrights and responsibilities, and surveys the law on admission ofrefugees and on their legal status once they are admitted to acountry of refuge. The author finds that while the principle ofasylum is widely accepted, no universal agreement exists as toits content or application, and that states voluntarily admitrefugees without admitting that they are bound to do so byinternational legal instruments.

van Krieken, Peter J. Hijacking and Asylum, 22 NETH. INT'L L. Rev. 3-30 (1975).


The author considers the relation between the law of asylum,by which a nation grants protection to aliens persecuted fortheir political beliefs, and the law of hijacking, which could bea vehicle for punishing even politically-motivated offenders.Concluding that nations have the option of granting asylum torefugee-hijackers, the author notes various factors whichshould influence the decision to grant asylum. Granting asylumand punishing the offender is one suggested alternative.

Lador-Lederer, Joseph. Refugee Care-The Jewish Case: Notes for an Analysis of theStatus and Activity of Non-Governmental Organizations, 7 ISRAEL Y.B.HUMAN RIGHTS 77-126 (1977). Citing the plight of Jewish peopleover the past century as "an extreme case of refugee agony," theauthor traces how international nongovernmental organiza-tions, including the United Nations, have dealt with suchuprooted persons. The process of refugee relief is viewed inthree stages: escape, transit, and rehabilitation. The author pro-poses that treaty law be downgraded and that humanitarianintervention be reoriented, "abandoning the routine criteria ofthe international status of a conflict.., and adopting as criterionthe plight of the individual as victim."

Lawyer of the Americas. Territorial Asylum in the Americas: Practical Considera-tions for Protection, 12 LAW. AM. 359-380 (1980). The student au-thor attempts to provide a practical guide to assist personsseeking asylum in the Americas by briefly reviewing the originsof the doctrine of political asylum, its foundation in conven-tions adopted by the OAS, and a survey of recent developmentsin the national laws of Latin American and Caribbean nations.

Melander, G6ran. Refugee Recognition in Western European States. 6 ISRAEL Y.B.HUMAN RIGHTS 159-174 (1976). The author describes and con-trasts the criteria and administrative procedures by which tenWestern European states determine who is eligible to enter asa refugee. The author also examines the legal effect of such adetermination within each country and proposes three analyti-cal models to describe the procedures used.

Refugees in Orbit, 16 A.W.R. BULL. 59-75 (1978). The author ad-dresses several problems faced by refugees, unresolved by the1951 Convention, in particular, the unwillingness of thirdcountries to admit refugees already recognized as such in coun-tries of first asylum. The author proposes a Draft ConventionRelating to Refugees in Orbit to provide, in part, for obligationson the part of countries of first asylum to readmit refugees upon

APPENDIX IV 599

request and on the part of third countries to recognize as ref-ugees within their own borders all persons who have beenrecognized as such by countries of first asylum.

The Protection of Refugees, 18 SCANDINAV. STUD. L. 151-178 (1974).Professor Melander distinguishes political refugees from "goodoffices" refugees, noting that the former are granted speciallegal protection by both international agreement and nationallaw while the latter are not. He argues that the "good offices"concept, which has evolved from recent UN resolutions author-izing UNHCR to use its "good offices" to provide materialassistance to persons outside their state of origin who do notqualify as refugees under the 1951 Convention, should be ex-panded to permit UNHCR to perform its traditional role ofproviding legal protection.

Melander, G6ran, and Nobel, Peter, eds. AFRiCAN REFUGEES AND THE LAW.

Uppsala: Scandinavian Institute of African Studies (1978). 98pp. This volume contains eight papers submitted by scholars tothe 1977 Uppsala Seminar on Legal Aspects of the AfricanRefugee Problem. The papers discuss topics such as the statusof refugees under international law, political rights of refugees,rights and duties of countries of refuge, past and present na-tional refugee policies, and future policy recommendations.

Nayar, M.G. Kaladharan. The Right ofAsylum in International Law: Its Status andProspects, 17 ST. Louis U.L. REv. 17-46 (1972). The author tracesthe historical evolution of the right of asylum and addresses itscurrent standing under international law. He looks closely atthe 1967 UN Declaration on Territorial Asylum and its implica-tions, both in terms of asylum as a human right and as a sover-eign right of states.

New York University Journal of International Law and Politics. TowardCodification of Diplomatic Asylum. 8 N.Y.U.J. INT'L L. & POL. 435-456(1976). This student note summarizes the legal foundations ofdiplomatic asylum and the current practice of states, with par-ticular emphasis on Latin American covenants. It proposes acodification of certain minimal standards and describes theefforts of the United Nations and the International Law As-sociation in this regard.

Plender, Richard. Admission of Refugees: Draft Convention on Territorial Asylum, 15SAN DIEGo L. REv. 45-62 (1977). The author reviews in detail thelimitations upon the definition of refugee found in the 1951


Convention and the ways in which the definition might beexpanded by the 1977 Draft Convention. He emphasizes aprovision of the draft which qualifies as refugees persons whofear prosecution or punishment, as well as persecution, for actsdirectly related to religion, political beliefs, or social or racialgroup membership.

INTERNATIONAL MIGRATION LAW. Leiden: A.W. Sijthoff (1972). 339pp. This extensive treatment of both international and nationallaw of immigration and nationality presents, in Chapter VIII, abrief comparative study of domestic refugee laws in variouscountries, primarily in Western Europe, and a review of existinginternational treaty law regarding refugees.

Przetacznik, Franciszek. Declaration on Territorial Asylum and International Law,15 INDIAN Y.B. INT'L AEF. 579-595 (1966). The author reviews thedraft of the 1967 UN Declaration on Territorial Asylum, andcomments on the significance of each provision in light of tradi-tional international law. Written by the Polish delegate to theconference which drafted the Convention, the article reflectsthe negative stance of the East European states towards anyright to asylum under international law.

Radley, Kurt R. The Palestinian Refugees: The Right to Return in International Law,72 AM. J. INT'L L. 586-614 (1978). The author examines thepractical, historical, and political barriers to the exercise byPalestinian refugees of the right of return contained in theUniversal Declaration of Human Rights. Although concentrat-ing on the problems of Palestinian refugees, the article alsoprovides a summary of the practical problems confronting allrefugees who seek to exercise their right to return.

Read, James M. The United Nations and Refugees-Changing Concepts, 537 INT'L

CONCILIATION 1-60 (1962). By reviewing UNHCR responses tospecific problems, the former Deputy High Commissioner forRefugees illustrates the changes that the Office of the HighCommissioner went through in the ten years after its establish-ment in 1951. The author advocates an expanded role forUNHCR, and proposes certain changes in its administrationand organization.

Ronning, C. Neale. DIPLOMATIC ASYLUM: LEGAL NORMS AND POLITICAL REALITY

IN LATIN AMERICAN RELATIONS. The Hague: Martinus Nijhoff(1965). 242 pp. This work examines the institution of diplomat-ic asylum in Latin America. The practice of Latin American

APPENDIX IV 601

states and the United States is contrasted with the principlescodified in various Latin American treaties. Emphasizing thediscrepancy between legal rules and state practice, the authorconcludes that diplomatic asylum has not attained the status ofcustomary international law.

Samuels, J.W. Humanitarian Relief in Man-Made Disasters: International Law, Gov-ernment Policy and the Nigerian Experience, 10 CAN. Y.B. INT'L L. 3-39(1972). The author reviews the policies of the several govern-ments and international agencies most involved in providingrelief to the civilian population of Nigeria during the civil warof 1967-1970. As the donor governments were generally un-willing to take any direct humanitarian action that conflictedwith the wishes of the Nigerian Government, nongovernmentalinternational institutions and voluntary organizations carriedthe burden of aiding civilians caught in the conflict. The authorconcludes that channeling governmental funds through privaterelief agencies might be the most efficient means of providingaid to displaced persons.

Sharma, Vishnu D., and Wooldridge, F. Some Legal Questions Arising from theExpulsion of Ugandan Asians, 23 INT'L & CoMP. L.Q. 397-425 (1974).According to this article, the expulsion of persons of Asianorigin from Uganda in 1972 was an act of racial discriminationin violation of human rights principles established under cus-tomary international law. The authors discuss the rights ofrefugees whose property was confiscated prior to expulsion andconclude that the United Kingdom should be entitled to peti-tion the International Court of Justice on behalf of former own-ers to recover expropriated property.

Sinha, S. Prakash. An Anthropocentric View of Asylum in International Law, 10COLUM. J. TRANSNAT'L L. 78-110 (1971). In a review of variousdomestic laws and relevant international treaties, the authorexamines the conflict between the subordinate role of the in-dividual in international law and the concept of asylum as ahuman right.

ASYLUM AND INTERNATIONAL LAW. The Hague: Martinus Nijhoff(1971). 366 pp. The author traces in great detail the historicaldevelopment of the concept of asylum, both in internationallaw and in the laws of various states. The comparison of nation-al practices is particularly informative, providing a good over-view of the current state of the concept of asylum.


Spitzer, Tadeusz B. International Law and Refugees, 14 REVUE HELL9NIQUE DE

DROIT INTERNATIONAL 92-120 (1961). This article examines prob-lems facing individual refugees seeking compensation for dam-ages or losses from their country of origin or country of refuge.The author advocates the establishment of arbitral tribunalsand, if political conditions permit, an international court ofjustice to serve as a compulsory agency for the settlement ofclaims.

Tomeh, George J. LegalStatus ofArab Refugees, 33 L. & CONTEMP. PROB. 110-124(1968). The author presents an Arab perspective on the prob-lems of Palestinian refugees, arguing that Israel has consistentlyviolated their rights since the late 1940s. Various UN declara-tions affirming the rights of Arabs in Palestine are contrastedwith actual events. The author seeks to establish the right ofPalestinian refugees either to return and establish an indepen-dent Palestinian state or to receive compensation for the effectsof injurious Israeli actions, especially the expropriation of theproperty of absentee Arab landowners.

Uibopuu, Henn-Jilri. In Search of a Most Favourable Status for Refugees: A Compari-son of International Legal Instruments Dealing With Human Rights, 14A.W.R. BULL. 149-164 (1976). This article surveys various legalinstruments affecting the international legal rights of refugeesin search of the formulation most favorable to refugees. Theauthor concludes that the proliferation of instruments affectingrefugees, and the increase in the number of signatories, signalsa growing international solidarity with regard to refugees.

United Nations. Economic Commission for Africa. Report of the Conference onthe Legal, Economic and Social Aspects of Refugee Problems, 9 U.N. Eco-nomic Commission for Africa, U.N. Doc. E/CN.14/442 (1969).224 pp. The text of the final report of the conference, whichincluded representatives from twenty-two African nations andvarious international organizations, includes recommendationson such topics as the social rights of refugees, emergency aid,travel documents, resettlement programs, regional planning,and a revised definition of refugee more appropriate to theAfrican situation.

Vierdag, E.W. "Asylum " and 'Refugee" in International Law, 24 NETH. INT'L L.REV. 287-303 (1977). The author discusses continuing develop-ments in state practices regarding the grant of asylum and ad-mission and resettlement of refugees in general, with specialemphasis on Dutch practice. He notes the increasing tendency

APPENDIX IV 603

to equate asylum seekers with refugees, and the consequenttrend towards consolidating municipal laws on asylum and ref-ugees into integrated statutes.

Vukas, Budislav. International Instruments Dealing with the Status of Stateless Personsand of Refugees, 9 BELG. REv. INT'L L. 143-175 (1972). By comparingprovisions on asylum, nonrefoulement, the definition of refugee,and the status of refugees and of stateless persons, the authorexamines various international refugee instruments from afunctional perspective. The limits to application of the 1951Convention and the role of international organizations in aidingrefugees are also briefly discussed.

Some Comments on the Draft Convention on Territorial Asylum, 30 EGYPT.L. REv. 98-119 (1974). The author reviews briefly the stages inthe drafting of the UN Draft Convention on Territorial Asylumand comments both upon the prospects for its adoption and itssubstantive content. The author concludes that the Draftcodifies some existing law as well as introducing new law, andadvocates its adoption either as an independent treaty or as aprotocol to the 1951 Convention.

Weis, Paul. Asylum and Terrorism. REv. INT'L COMM'N JuR., December 1977,37-43. The European Convention on the Suppression of Terror-ism, adopted in 1977 by the Committee of Ministers of theCouncil of Europe, defines certain offenses, such as hijacking,kidnapping, or attacks against the lives of diplomatic agents, asnonpolitical crimes for the purposes of extradition. The authorcontends that the Convention thereby impairs the right of asy-lum, with the result that politically motivated offenders whowould previously have been prosecuted in the countries wherethey sought refuge shall now be returned to countries wherethey may be subject to persecution for political reasons.

Human Rights and Refugees, 1 ISRAEL Y.B. HUMAN RIGHTS 35-50(1971). This article reiterates other works by the author onpolitical refugees, territorial asylum, the 1951 Convention and1967 Protocol, the twentieth century history of refugee prob-lems, and the institution of the Office of the UNHCR. As arelatively recent work by Dr. Weis, a former UNHCR legaladviser, this article has the combined merits of being both au-thorative and comprehensive.

Refugee Law-A New Branch of Law, INT'L BAR J., May 1973, 30-38.Directed primarily at legal practitioners, this article is designed


to familiarize lawyers with the sources of both internationaland national law regarding refugees. The article concludes bypointing out the refugee's need for legal aid and by urgingincreased involvement by members of the bar in meeting thatneed.

Territorial Asylum, 6 INDIAN J. INT'L L. 173-194 (1966). Though nolonger current, this article is part of the continuing debate overwhether the right of territorial asylum lies in the state or theindividual. Extradition and the principle of nonrefoulement, topicsrelated to territorial asylum, are also discussed.

The Convention of the Organization of African Unity Governing the SpecificAspects of Refugee Problems in Africa, 3 HUMAN RIGHTS J. 449-464(1970). The author reviews the historical development of theConvention Governing the Specific Aspects of Refugee Prob-lems in Africa of September 10, 1968, as drafted by the OAU.He then highlights and comments favorably on its uniqueprovisions, including its expanded definition of a refugee, spe-cial provisions regarding asylum, repatriation, and nonrefoulement,and its policy regarding subversives.

The Draft U.N. Convention on Territorial Asylum, 50 BRIT. Y.B. INT'LL. 151-171 (1979).

The 1967 Protocol Relating to the Status of Refugees and Some Questions ofthe Law of Treaties, 42 BRIT. Y.B. INT'L L. 39-70 (1967). Using the1967 Protocol Relating to the Status of Refugees as an example,the author discusses the UN procedure for the adoption ofmultilateral treaties. The treaty law analysis is augmented by anextensive introductory history of the adoption of the 1967Protocol which illustrates the difficulties that can arise in nego-tiating even simple measures at the international level.

The Office of the United Nations High Commissioner for Refugees and HumanRights, 1 HUMAN RIGHTS J. 243-254 (1968). Beginning with ahistorical sketch of the twentieth century antecedents of theOffice of the UNHCR, the author then turns to a description ofthe duties of the Office under the 1951 Convention and the1967 Protocol. The description also refers approvingly to theauthority of the High Commissioner to use his "good offices"in aid of those not within the strict statutory or conventionaldefinition of refugees.

The United Nations Convention on the Reduction of Statelessness, 1961, 11INT'L & COMp. L.Q. 1073-1096 (1962). The author defines state-

APPENDIX IV 605

lessness and discusses the problems it causes for individuals. Hethen reviews the difficulties involved in drafting the Conven-tion on the Reduction of Statelessness and highlights the majorprovisions of the convention. The full text of the convention isappended.

The United Nations Declaration on Territorial Asylum, 7 CAN. Y.B. INT'L

L. 92-149 (1969). The twenty year history of the developmentof the 1967 UN Declaration on Territorial Asylum and theprovisions of the declaration are given extensive considerationin this article. In addition, the author explores the territorialasylum, refoulement, and repatriation policies of various regionaland international organizations, such as the Council of Europeand the Organization of African Unity, and of specific coun-tries.

World Peace Through Law Center. Committee on the International LegalProtection of Refugees. TOWARDS THE SECOND QUARTER CENTURY

OF REFUGEE LAW. Washington: World Peace Through Law Center(1976). 104 pp. This examination of international refugee lawand of the activities of the UNHCR identifies numerous short-comings of the international protection provided to refugeesand lays the foundation for the resolutions adopted by thecenter at its 1975 conference, which are appended to the text.

Wortley, B.A. Political Crime in English Law and International Law, 45 BRrr. Y.B.INT'L L. 219-253 (1971). The author identifies and evaluatesgrants of asylum for political crimes under English law andtheories of international law. The article is a useful, thoughbrief survey of both.

de Zayas, Alfred M. International Law and Mass Population Transfers, 16 HARV.

INT'L L.J. 207-258 (1975). The author analyzes the legality underinternational law of forced mass population transfers in termsof the following six categories: deportation of enemy civiliansin time of war, deportation of a minority pursuant to a peacetreaty, expulsion of persons from captured territory after war,expulsion of a national minority in time of peace, populationexchange treaties, and internal displacements of minoritypopulations. After noting the failure of existing internationaltreaties to provide adequate protection, the author proposes aConvention on the Protection and Punishment of the Crime ofMass Expulsion.


UNITED STATES LAW

Brooklyn Journal of International Law. The Status of Political Refugees UnderUnited States Law, 2 BROOKLYN J. INT'L L. 266-288 (1976). Thestudent author argues that the political crimes exception toextradition treaties should only apply where the act complainedof was not committed by those in power. Arguably, those inpower act to preserve, not change, the status quo. Consequent-ly, the exception as presently interpreted may act to shield warcriminals from prosecution for crimes committed while theywere in office.

Cleveland State Law Review. Refugees Under United States Immigration Law, 24CLEV. ST. L. REv. 528-556 (1975). Prompted by the influx ofVietnamese refugees in 1975, this note examines the legal as-pects of refugee immigration by reviewing the relevant provi-sions of the Immigration and Nationality Act of 1952. TheRefugee Act of 1980 renders parts of this article obsolete.

Columbia Law Review. The Right of Asylum under United Stales Law, 80 COLUM.

L. REv. 1125-1148 (1980). Asylum provisions of the RefugeeAct of 1980 are compared in this student note with the require-ments of the 1967 Protocol Relating to the Status of Refugees.The author argues that the 1980 Act, which was intended tointegrate the requirements of the Protocol into U.S. law, shouldmake withholding of deportation more easily available to aliensfearing persecution in their home states, and reviews specificcases in which the 1980 Act should call for application of looserstandards.

Cornell International Law Journal. Alien Crewmen: The United States AsylumPolicy. 4 CORNELL INT'L L.J. 167-209 (1971). This note analyzes theUnited States policy and duty under international law regardingdefecting seamen. The 1970 Simas Kudirka case illustrates theconflicting political, humanitarian, and economic objectives ofa granting state, in addition to problems of coordination be-tween the Department of State and the Immigration and Natu-ralization Service.

Dernis, Martin M. Haitian Immigrants: Political Refugees or Economic Escapees?, 31U. MIAMI L. REV. 27-41 (1976). The author takes issue with theU.S. Government's official position that Haitian immigrants aremerely economic escapees, rather than refugees entitled by in-ternational agreement to political asylum. The government'sposition has consequences for Haitians, under statutory and

APPENDIX IV 607

case law which are described by the author, with respect todeportation proceedings, right to counsel, employment authori-zations, and fradulent marriages.

Evans, Alona E. Political Refugees and the United Slates Immigration Laws: A CaseNote, 62 AM. J. INT'L L. 921-926 (1968). This brief article reviewsthe effects of 1965 amendments to the Immigration and Nation-ality Act of 1952 upon judicial and administrative practice.More comprehensive treatment of the subject by the same au-thor appears in 66 AM. J. INT'L L. 571.

Political Refugees and the United States Immigration Laws: Further Develop-ments, 66 AM. J. INT'L L. 571-585 (1972). In an extension of thearticle described above, the author examines the extent towhich 1965 amendments to section 243 of the Immigration andNationality Act of 1952, which were intended to increase theavailability of asylum to refugees, affected deportation casesarising between 1965 and 1968. The author concludes that theamendments have provided little relief to refugees.

Political Refugees 'Not Firmly Resettled" as in Section 203(a)(7) of theImmigration and Nationality Act of 1952 as Amended, 66 AM. J. INT'LL. 101-107 (1972). This brief article examines administrativeand judicial decisions establishing limits upon the time whichmay be passed by a refugee outside his country of origin, andthe extent to which the refugee may become resettled in acountry of first asylum, without forfeiting the right to seekasylum as a political refugee in the United States.

Reflections upon the Political Offense in International Practice, 57 AM. J.INT'L L. 1-24 (1963). The meaning, under national and interna-tional law, of the phrases "right to asylum" and "non-politicalcrime" in Article 14 of the Universal Declaration of HumanRights is the subject of this article by the late president of theAmerican Society of International Law. The author focuses onrecent cases in several Western European countries which haveexpanded the scope of the political offense exception to extradi-tion obligations under international law.

The Political Refugee in United States Immigration Law and Practice, 3 INT'LLAW. 204-253 (1969). In a study of the historical availability inthe United States of territorial asylum for political refugees, theauthor presents a detailed analysis of the relevant provisions ofthe Immigration and Nationality Act of 1952 and of some of theproblems which have arisen thereunder. The author criticizes


recent judicial interpretations of significant statutory provisionsfor being inconsistent with underlying legislative purposes andhumanitarian policies.

Fragomen, Austin T. The Refugee: A Problem ofDefinition, 3 CASE W. RES. J. INT'L

L. 45-69 (1970). The author argues that the refugee policy ofany country or organization is a function of the definition itutilizes to designate people as refugees. The article analyzes thedefinitions employed by the international community and theU.S. Government, with a view toward expanding the scope ofboth.

Frank, Ira. L. Effect of the 1967 United Nations Protocol on the Status of Refugees inthe United States, 11 INT'L LAW. 291-305 (1977). The procedures fordeportation and exclusion of aliens in the United States areexamined in detail. The author evaluates the impact of the 1967Protocol on the right of aliens to have deportation withheldunder section 243(h) of the Immigration and Nationality Act of1952.

Gowa, Joanne S. U.S. OBLIGATIONS UNDER INTERNATIONAL LAW GOVERNING THE

STATUS OF REFUGEES AND THE GRANTING OF ASYLUM: THE CASE OF

SIMAS KUDIRKA. Princeton: Woodrow Wilson School of Publicand International Affairs (1975). 37 pp. The right of asylumunder United States and international law is discussed in thecontext of the attempt in 1970 by a Lithuanian sailor to takerefuge on a Coast Guard vessel. The author concludes that theUnited States violated international law in refusing to considerthe seaman's claim to asylum and returning him to the Sovietship from which he had fled.

Kennedy, Edward M. International Humanitarian Assistance: Proposals for Action,12 VA. J. INT'L L. 299-308 (1972). The Senator, in an article whichpredates the 1980 Refugee Act, argues that humanitarian assist-ance efforts worldwide and within the United States must berevitalized through the centralization of administrative respon-sibility, and proposes the creation of a Bureau of Social andHumanitarian Services within the U.S. Government, as well asa permanent United Nations Emergency Service.

Mackler, Ian, and Weeks, James K. The Fleeing Political Refugee s Final Hurdle-The Immigration and Nationality Act, 5 N. Ky. L. REV. 9-26 (1978).

The authors fear that conflicting language in the Immigrationand Nationality Act, prior to passage of the Refugee Act of1980, and the 1967 Protocol Relating to the Status of Refugees

APPENDIX IV 609

could lead to the deportation of some aliens to countries wherethey would be persecuted. They therefore argue for an amend-ment to the law to eliminate the danger and assure humanitari-an treatment.

New York University Journal of International Law and Politics. Due ProcessRights for Excludable Aliens Under United States Immigration Law and theUnited Nations Protocol Relating to the Status of Refugees-Haitian Aliens,A Case in Point, 10 N.Y.U.J. INT'L L. & POL. 203-240 (1977). In two1977 cases involving Haitian immigrants, federal courts ruledon whether political asylum claims may be heard in an exclu-sion hearing. The courts' differing interpretations of the effectof the 1967 Protocol Relating to the Status of Refugees on U.S.immigration proceedings are analyzed. After noting the harshimpact of current INS hearing procedures on Haitians, the au-thor recommends specific changes.

New York University Review of Law and Social Change. Behind the PaperCurtain: Asylum Policy versus Asylum Practice, 7 N.Y.U. REv. L. & Soc.CHANGE 107-141 (1978). The student author presents an exten-sive critique of the U.S. double standard toward refugees fromCommunist and non-Communist regimes prior to passage ofthe 1980 Act. Treatment of Chilean, Iranian, and Haitian ref-ugees in the 1970s is used as an illustration. The author dis-cusses reform proposals pending before Congress and advocatesthe creation of an independent office within the State Depart-ment to oversee refugee matters.

Rutgers-Camden Law Journal. Political Asylum in the United States: A Failure ofHuman Rights Policy, 9 RUTGERS-CAMDEN L. J. 133-153 (1977). Theauthor analyzes comparative asylum provisions in variouscountries and evaluates the definition of political refugee underU.S. law. Although the 1980 Refugee Act has rendered someportions obsolete, the changes in U.S. law proposed by theauthor are more far-reaching than the 1980 Act.

San Diego Law Review. Extending the Constitution to Refugee-Parolees, 15 SAN

DIEGO L. REv. 139-169 (1977). The U.S. Supreme Court ruled in1957 that aliens paroled into the United States by the attorneygeneral have not technically entered the United States, andtherefore are not entitled to constitutional rights granted toother aliens. Arguing that parolees who enter as part of a massrefugee group, as from Indochina in 1975, are distinguishablefrom the refugee-parolees contemplated by the Court, who arefrequently temporarily admitted for humane considerations,


such as for medical treatment or for reasons of significant publicinterest, the student author concludes that mass refugee-pa-rolees should receive rights equivalent to those granted to per-manent resident aliens.

Refugee-Parolee: The Dilemma of the Indochina Refugee, 13 SAN DIEGO L.REV. 175-191 (1975). The student author argues that the paroleof large numbers of refugees into the United States is an abuseof the statutory parole authority. Although refugee-paroleessuch as the Indochinese came to the United States with theexpectation of becoming permanent residents, as parolees theyface the possibility of exclusion until such time as they areallowed to adjust their status to that of permanent resident. Thenote concludes that continued reliance on the parole authorityshould therefore be prohibited in such cases unless adjustmentis made possible within thirty days of arrival.

Speer, John K. America 's Post- War Refugee Measures: A Sketch of Executive andLegislative Action, 4 Irr'L LAW. 709-719 (1970). The author brieflysummarizes legislation in the United States from 1945 through1966 concerned with refugees. He finds that, as long term legis-lative measures have not been adequate to meet the diverseneeds of highly varied refugee situations, short-term executiveorders and directives have been used to fill the gaps.

Recent Developments in America's Refugee Laws, 5 INrr'L LAW. 599-606(1971). The author reviews several recent cases under sections203(a)(7) and 243(h) of the Immigration and Nationality Act of1952. The discussions of the "not firmly resettled" requirementunder the former section, and of cases determining whethercrewmen who fear prosecution for desertion are subject to per-secution within the meaning of the latter section, althoughbrief, remain relevant under the 1980 Act.

Syracuse Journal of International Law and Commerce. Coriolan v. Immigrationand Naturalization Service: A Closer Look at Immigration Law and thePolitical Refugee, 6 SYRACUSE J. INT'L L. & COMM. 133-158 (1978).The Coriolan case, involving an action by Haitian refugees tocompel the attorney general to withhold deportation under sec-tion 243(h) of the Immigration and Nationality Act, is approv-"ingly reviewed in this student note. The court is commended fortaking broader notice of oppressive conditions in Haiti and forapplying a more liberal standard for determining what consti-tutes persecution under the 1967 Protocol.

APPENDIX IV 611

Texas International Law Journal. Immigration Law-Persecution Claims-TheExpanding Scope of Section 243(h) of the Immigration and Nationality Act,13 TEx. INT'L L.J. 327-339 (1978). The student author analyzesapprovingly the decision of the Fifth Circuit in Coriolan v. INS,a 1977 case involving a claim by Haitian nationals in the UnitedStates that they would be subjected to persecution if returnedto Haiti. The court held that prosecution in Haiti for illegaldeparture could constitute persecution, and that the INS shouldtake notice in deportation proceedings of conditions in Haiti tothe extent that such conditions had been established in earlierproceedings, thereby easing the burden of proof upon the alien.

Washburn, John N. Revelations of the Lithuanian Defector Episode of November 23,1970, 6 INT'L LAW. 1-15 (1972). This article attempts to clear upthe confusion surrounding the 1970 Simas Kudirka incident.The author summarizes the hearings before the House Subcom-mittee on Foreign Affairs, and concludes from the limited evi-dence there available that the incident resulted from poorcommunication and inaction by the State Department, theCoast Guard, and the INS.

Washington University Law Quarterly. judicial Review o Administrative Staysof Deportation: Section 243(h) of the Immigration and Nationality Act of1952, [1976] WASH. U.L.Q. 59-121. This article surveys the caselaw on judicial review of section 243(h) orders withholdingdeportation and concludes that the courts have imposed fewconstraints on the attorney general's discretion. The studentauthor argues that section 243(h) may become a meaninglessprovision unless Congress or the courts reduce the alien's bur-den of persuasion in cases involving withholding of deporta-tion.

COLLECTIONS OF MATERIALS

Institute for Palestine Studies. THE PALESTINIAN REFUGEE: A COLLECTION OF

UNITED NATIONS DOCUMENTS. Beirut: Institute for PalestineStudies (1970). 625 pp.

Melander, G6ran, and Nobel, Peter, eds. INTERNATIONAL LEGAL INSTRUMENTS

ON REFUGEES IN AFRICA. Uppsala: Scandinavian Institute of Afri-can Studies (1979). 413 pp.

Pan American Union. General Legal Division. INTER-AMERICAN TREATIES AND

CONVENTIONS ON ASYLUM AND EXTRADITION. Washington: Orga-


nization of American States, OAS Doc. OEA/Ser.X/1, TreatySeries No. 34 (1967). 98 pp.

United Nations. Office of the High Commissioner for Refugees. COLLECTIONOF INTERNATIONAL LEGAL INSTRUMENTS CONCERNING REFUGEES. 2nded. Geneva: UNHCR (1979). 335 pp.

_. UNITED NATIONS RESOLUTIONS AND DECISIONS RELATING TO

THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR- REF-UGEES. 3rd ed. Geneva: UNHCR, U.N. Doc. HCR/INF/48/Rev.2(1975). 126 pp. The volume has been updated by unboundsupplements.

Selected U.S. GovernmentPublications, 1976-1980

CONGRESSIONAL DOCUMENTS RELATING

TO THE REFUGEE ACT OF 1980*

House

Debate on H.R. 2816, 125 CONG. REc. H12,391-H12,415 (daily ed. Dec. 20,1979).

Debate on Conference Report on S 643, 126 CONG. R~c. H1519-H1529 (daily ed.March 4, 1980).

Committee on Foreign Affairs. Subcommittee on International Operations.The Refugee Act of 1979. Hearing on H.R. 2816, September 19, 1979,96th Cong., 1st Sess. 99 pp.

Committee on the Judiciary. THE REFUGEE ACT OF 1979. H.R. REP. No. 608,96th Cong., 1st Sess. (1979). 67 pp. House report on H.R. 2816

THE REFUGEE ACT OF 1980. H.R..REP. No. 781,96th Cong., 2d Sess.,reprinted in [1980] U.S. CODE CONG. & AD. NEWS 534, 23 pp.Conference report on S. 643.

Subcommittee on Immigration, Citizenship, and InternationalLaw. Admission of Refugees into the US. Hearings on H.R. 3056, Febru-ary 1977-May 1978, 95th Cong., 1st & 2d Sess. 2 parts, 419 pp.

The Refugee Act of 1979. Hearings on H.R. 2816, May 1979,96th Cong., 1st Sess. 460 pp. The appendices include a reporton refugee resettlement in France by the International RescueCommittee, a statement on Australian refugee policy submitted

*The materials in this section represent a complete list of congressional hearings, debates,and reports on the legislation that ultimately became the Refugee Act of 1980. Two bills wereintroduced in the House in the 95th Congress, H.R. 3056 and H.R. 7175, but neither waspassed. Bills were introduced and passed in each house of the 96th Congress, H.R. 2816 inthe House and S. 643 in the Senate, with the latter ultimately being adopted by the Confer-ence Committee.


by the Australian Government, a Congressional Research Ser-vice study of benefits provided to refugees in Australia, Canada,France, Israel, and Sweden, and a paper prepared by the Luther-an Immigration and Refugee Service on the problems of reset-tling unattached refugee children from Indochina.

Senate

Debate on S. 643, 125 CONG. REC. S11,999-S12,003, S12,008-S12,030 (dailyed. Sept. 6, 1979).

Debate on Conference Report on S. 643, 126 CONG. REc. S1753-S1755 (daily ed.Feb. 26, 1980).

Committee on the Judiciary. The Refugee Act of 1979. Hearing on S. 643, March14, 1979, 96th Cong., 1st Sess. 396 pp. Appendices include theannual reports of the Office of Refugee Resettlement and of theCoordinator for Refugee Affairs and a report prepared byUNHCR detailing its efforts to provide relief and resettlementaid to Indochinese refugees.

THE REFUGEE ACT OF 1979. S. REP. No. 256, 96th Cong., 1st Sess.(1979), reprinted in [1980] U.S. CODE CONG. & AD. NEWS 515. 32pp. Senate report on S. 643.

THE REFUGEE ACT OF 1980. S. REP. No. 590, 96th Cong., 1st Sess.(1980). 23 pp. Conference report on S. 643.

REPORTS, COMMITTEE PRINTS, AND OTHER DOCUMENTSRELATING TO REFUGEES

Congress. House. Committee on Education and Labor. INDOCHINA REFUGEECHILDREN ASSISTANCE ACT OF 1975. H.R. REP. No. 1333, 94thCong., 2d Sess., reprinted in [1976] U.S. CODE CONG. & ADMIN.NEWS 2161. 16 pp. The conference report describes S. 2145,which provides federal aid to states for education of refugeechildren.

Committee on Foreign Affairs. THE INDOCHINESE REF-UGEE SITUATION: AUGUST, 1979. 96th Cong., 1st Sess. (Comm.Print 1979). 81 pp. This report summarizes the results of acongressional visit to refugee camps housing boat people escap-ing Vietnam. The appendices contain statistics on the numberof refugees in the United States and other countries, profiles of

APPENDIX IV 615

refugees in Thai camps, and a report on rescue operations con-ducted by the U.S. Navy Seventh Fleet.

Subcommittee on Asian and Pacific Affairs.

REFUGEES FROM INDOCHINA: CURRENT PROBLEMS AND PROSPECTS. 96th

Cong., Ist Sess. (Comm. Print 1979). 54 pp. Attached to thesubcommittee's recommendations with regard to refugee policyare such appendices as a summary of the procedures and paper-work required of refugees who desire to enter the United States,a list of refugee relief organizations in Thailand and their ad-dresses, a description of U.S. assistance efforts in Thailand, anda summary of camp life and problems.

SECURITY AND STABILITY IN ASIA:

1979. 96th Cong., Ist Sess. (Comm. Print 1979). 144 pp. Thereport of a staff study mission to Southeast Asia addresses theIndochina refugee crisis and U.S. relief efforts in the context ofa broader review of U.S. foreign and military policies in EastAsia.

_ _ _Committee on International Relations. "NEw DiREc-

TIONS" AID PROGRAMS IN ASIA: INDOCHINA REFUGEES IN THAILAND.

95th Cong., 2d Sess. (Comm. Print 1978). 75 pp. The report ofa staff study mission to Thailand, Bangladesh, India, and Pakis-tan surveys aid to each nation, particularly population controland disaster relief. The Thai refugee situation, U.S. expendi-tures, Thai Government policies, and conditions in refugeecamps are discussed.

__ _. Committee on the Judiciary. Subcommittee on Immi-gration, Citizenship, and International Law. DISPLACED PERSONS

IN CYPRUS. 94th Cong., 2d Sess. (Comm. Print 1976). 20 pp. This

brief review of bilateral and international relief efforts for per-sons displaced as a result of hostilities in Cyprus in 1974 wasprepared by a staff study mission to the area.

INDOCHINESE REFUGEES: AN UPDATE,

95th Cong., 2d Sess. (Comm. Print 1978). 42 pp. This documentsurveys Thai and Malaysian policies toward refugees and con-ditions in refugee camps in these countries. U.S. immigrationprograms for Indochinese refugees from 1975 to 1978 are sum-marized and the costs of these programs are presented in chartform.

Senate. Committee on Foreign Relations. AN ASSESSMENT OF THE

REFUGEE SITUATION IN SOMALIA. 96th Cong., 2d Sess. (Comm. Print


1980). 19 pp. This staff report concludes that the internationalresponse to the refugee crisis in Somalia was alarmingly slowand ineffective. The system of food supply and distribution isfragile and uncoordinated. Because proper control was notmaintained over U.S. food assistance to Somalia, the reportrecommends that the Agency for International Developmentundertake an audit and strengthen its staff in Somalia.

UNITED NATIONS RELIEF AND WORKS AGENCYFOR PALESTINE REFUGEES IN THE NEAR EAST. 95th Cong., 2d Sess.(Comm. Print 1978). 36 pp. The report of a 1978 staff studymission to examine the work of UNRWA on behalf of Pales-tinian refugees in Lebanon, Syria, Jordan, the West Bank, andthe Gaza Strip was prepared to assist congressional review ofU.S. contributions to the program.

_ __ Committee on the Judiciary. HUMANITARIAN PROBLEMS

OF SOUTHEAST ASIA, 1977-1978. 95th Cong., 2d Sess. (Comm.Print 1978). 322 pp. This report discusses refugee camps inThailand, Thai Government policies regarding refugees, andresettlement in the United States. The extensive appendicesinclude the annual report to Congress prepared by the HEWRefugee Task Force.

Subcommittee on Refugees and Escapees.AFTERMATH OF WAR: HUMANITARIAN PROBLEMS OF SOUTHEAST ASIA.

94th Cong., 2d Sess. (Comm. Print 1976). 589 pp. This docu-ment, prepared before the Khmer Rouge regime lost power inCambodia, surveys relief efforts for refugees in Southeast Asiaas well as the resettlement of those refugees in the UnitedStates. Appendices include statements by UNICEF, WHO, theUnited Nations Mission to North and South Vietnam, and theICRC.

CRISIS ON CYPRUS: 1976: CRUCIAL

YEAR FOR PEACE. 94th Cong., 2d Sess. (Comm. Print 1976). 104pp. A staff study mission reviews UNHCR relief efforts inCyprus, U.S. policies towards Cyprus, UN resolutions regardingthe problem, and other aspects of the aftermath of the 1974Turkish invasion. An appendix contains the UN resolutions,U.S. executive branch statements and messages, and documentsrelating to the 1975 Vienna Conference.

Subcommittee to Investigate ProblemsConnected with Refugees and Escapees. HUMANITARIAN PROB-

APPENDIX IV 617

LEMS IN SOUTH VIETNAM AND CAMBODIA: Two YEARS AFTER THE

CEASE-FIRE. 94th Cong., 1st Sess. (Comm. Print 1975). 178 pp.This report, written before the ascendancy of the Communistsin Vietnam, is useful for its historical survey of refugee prob-lems in Vietnam and Cambodia prior to 1975.

Department of Justice. Immigration and Naturalization Service. INDO-CHINESE REFUGEE PROGRAM PROCESSING GUIDE. Washington: U.S.Government Printing Office (1978). 67 pp. This brief guidedetails the procedures that must be followed by the Immigra-tion and Naturalization Service and by voluntary agencies re-sponsible for resettling Indochinese refugees in the UnitedStates. The documentary portion of the guide gives the readeran idea of the complexity of the process of admitting refugeesand adjusting their status to that of permanent resident.

General Accounting Office. DOMESTIC RESETTLEMENT OF INDOCHINESE REFUGEES

-STRUGGLE FOR SELF-RELIANCE. Washington: General AccountingOffice (1977). 47 pp. This analysis of the elaborate arrange-ments established under the Departments of State and Health,Education and Welfare for the resettlement of Indochinese ref-ugees in the United States criticizes the lack of coordinationbetween agencies, the large numbers of refugees ending up onwelfare, and the inadequacies of the current contract arrange-ments with voluntary agencies. Proposals for change focus oncontracts with the voluntary agencies, and include a more rigiddefinition of resettlement obligations, the return of unused re-settlement funds, a reduction of the contract fee where friendsor relatives sponsor resettlement, and implementation of re-porting requirements.

_ EVACUATION AND TEMPORARY CARE AFFORDED INDOCHINESE REFUGEES:

OPERATION NEW LIFE. Washington: General Accounting Office(1976). 49 pp. The third of a series of reports by the GAOrelating to the departure of refugees from Indochina and theirresettlement in the United States focuses on the services pro-vided to refugees at U.S. reception centers. Some cost data isincluded.

_ THE INDOCHINESE EXODUS: A HUMANITARIAN DILEMMA. Washington:General Accounting Office (1979). 106 pp. This report describesthe Indochinese refugee problem and the responses of UNHCR,countries of first asylum in Southeast Asia, the United States,and other nations. The extensive analyses of U.S. selection andprocessing procedures in countries of first asylum and resettle-


ment efforts in the United States include proposals for changethat reflect some of the reforms ultimately implemented by the1980 Act.

U.S. ASSISTANCE PROVIDED FOR RESETTLING SOVIET REFUGEES. Wash-ington: General Accounting Office (1977). 78 pp. This report,prepared by the comptroller general, describes the activities ofand financial support provided by the Departments of State andJustice on behalf of Soviet refugees resettling in the UnitedStates, Israel, and elsewhere.

Library of Congress. Congressional Research Service. REVIEW OF U.S. REF-

UGEE RESETTLEMENT PROGRAMS AND POLICIES. 96th Cong., 1st Sess.(Comm. Print 1979). 183 pp. This background report, preparedto assist the Congress in the legislative effort that culminatedin the 1980 Refugee Act, summarizes existing U.S. refugee ad-mission procedures and resettlement assistance programs, andgives a brief history of the development of U.S. refugee policysince World War II.

REVIEW OF U.S. REFUGEE RESETTLEMENT PROGRAMS AND

POLICIES. 96th Cong., 2d Sess. (Comm. Print 1980). 342 pp. Thiscommittee print contains a revised edition of an earlier CRSstudy of U.S. refugee law and policy from 1945 to the present.The report also describes the evolution of U.S. refugee resettle-ment programs and concludes with a summary of the RefugeeAct of 1980 and its legislative history.

U.S. IMMIGRATION LAW AND POLICY: 1952-1979. 96thCong., 1st Sess. (Comm. Print 1979). 109 pp. This comprehen-sive review of U.S. immigration legislation since the Immigra-tion and Nationality Act of 1952 analyzes the major policyissues concerning refugee admissions and legislative responsesthereto.

_. WORLD REFUGEE CRISIS: THE INTERNATIONAL COMMUNITY'S

RESPONSE. 96th Cong., 1st Sess. (Comm. Print 1979). 323 pp.This summary of the nature and extent of the refugee problemaround the world reviews the responses of various public andprivate international relief organizations. Of particular value isthe discussion of the financial resources and expenditures of thelargest organizations.

Select Commission on Immigration and Refugee Policy. SEMIANNUAL REPORT

TO CONGRESS. 96th Cong., 2d Sess. (Comm. Print 1980). 74 pp.The first semiannual report contains a brief outline of the com-

APPENDIX IV 619

mission's proposed activities, some background information,and a digest of public hearings held prior to March 1980.

SECOND SEMIANNUAL REPORT TO CONGRESS. 96th Cong., 2d Sess.(Comm. Print 1980). 328 pp. Public hearings as of October 1980are digested and the results of seminars sponsored by the com-mission on specific policy issues are reviewed.

CONGRESSIONAL HEARINGS*

House

Committee on Foreign Affairs. Subcommittee on Africa. The Situation inLiberia, Spring 1980-Update. Hearing, April 29, 1980, 96th Cong.,2d Sess. 25 pp. U.S. policy with respect to the granting ofasylum in U.S. diplomatic premises abroad is examined in thecontext of the refusal to grant asylum to several former Liberiangovernment officials in the wake of the coup in Liberia.

Subcommittee on International Organizations. Briefing on theGrowing Refugee Problem: Implications for International Organizations.Hearing, June 5, 1979, 96th Cong., 1st Sess. 70 pp. A State De-partment report on the attitudes of the Vietnamese Govern-ment towards Chinese residents and the 1979 World RefugeeAssessment by the U.S. Coordinator for Refugee Affairs areappended.

Subcommittee on Asian and Pacific Affairs. Crisis in the Subconti-nent: Afghanistan and Pakistan. Hearings. May-September 1979.96th Cong., 1st Sess. 41 pp.

Committee on the Judiciary. Subcommittee on Immigration, Refugees, andInternational Law. The Indochinese Refugee Problem. Hearings, March-July 1979, 96th Cong., 1st Sess. 117 pp.

Committee on Foreign Affairs. Subcommittee on Asian and Pacific Affairs.1979-Tragedy in Indochina: War, Refugees, and Famine. Hearings, Feb-ruary-December 1979. 96th Cong., 1st Sess. 233 pp.

Committee on International Relations. Subcommittee on Asian and Pacific

*The materials which follow appear in reverse chronological order. Hearings on appro-priations and related matters are not included. Annotations are provided only to indicatereports or other materials appended to hearings or to explain the subject of the hearing whennot evident from the title.


Affairs. Refugee Crisis in Indochina, 1978. Hearings, May-August1978, 95th Cong., 2d Sess. 169 pp.

Indochinese Refugees. Hearings, April-June 1978, 95thCong., 2d Sess. 117 pp.

Committee on the Judiciary. Subcommittee on Immigration, Citizenship,and International Law. Indochina Refugees: Adjustment of Status. Hear-ings on H.R. 2051, May-June 1977, 95th Cong., 1st Sess. 162 pp.

Refugees from Indochina. Hearings, April 1975-May 1976,94th Cong., 1st Sess. 746 pp.

Committee on International Relations. Vietnam-Cambodia Emergency, 1975.Hearings, March 1975-May 1976, 94th Cong., 1st & 2d Sess. 4parts. 684 pp.

Senate

Committee on the Judiciary. Caribbean Refugee Crisis: Cubans and Haitians.Hearings, May 12, 1980, 96th Cong., 2d Sess. 288 pp. Appendicesinclude reports on the situation of human rights in Haiti by theInter-American Commission on Human Rights, Michael Posnerof the Lawyers Committee for International Human Rights, theState Department, and the National Council of the Churches ofChrist.

United States Refugee Programs. Hearings, April 17, 1980, 96th Cong.,2d Sess. 411 pp. The appendix includes reports to Congress onthe Indochinese Refugee Assistance Program and on refugeeadmissions for fiscal year 1980 as proposed by the Office of theCoordinator for Refugee Affairs.

Committee on Foreign Relations. Subcommittee on East Asian and PacificAffairs. Southeast Asia. Hearings, March 1980, 96th Cong., 2d Sess.92 pp.

Committee on the Judiciary. The Refugee Crisis in Cambodia. Hearing, October31, 1979, 96th Cong., 1st Sess. 245 pp. Appendices includeIndochinese Refugee Exodus: Causes, Impact, Prospects, prepared by theCongressional Research Service, and a report on Southeast AsiaRefugee camps prepared by the International Rescue Commit-tee.

Committee on Foreign Relations. Subcommittee on East Asian and PacificAffairs. Southeast Asia Refugee Crisis. Hearing, September 27, 1979,96th Cong., 1st Sess. 61 pp.

APPENDIX IV 621

Committee on the Judiciary. The Refugee Crisis in Southeast Asia: Results of theGeneva Conference. Hearing, July 26, 1979, 96th Cong., 1st Sess. 78pp. The appendices include a message prepared by the UN HighCommissioner for Refugees and the text of the seven-point"Orderly Departure" agreement between UNHCR and the So-cialist Republic of Vietnam, which provides for voluntary de-parture from Vietnam.

Refugee and Humanitarian Problems in Vietnam. Hearing, August 22,1978, 95th Cong., 2d Sess. 50 pp. The report of a study missionto Vietnam in July of 1978 on the condition and needs of post-war Vietnam is included.

Committee on Foreign Relations. Subcommittee on East Asian and PacificAffairs. Indochina. Hearing, August 21, 1978, 95th Cong., 2d Sess.249 pp.

Selected Books on NonlegalTopics of Recent Interest,1974-1980

Bethell, Nicholas. THE LAST SECRET: THE DELIVERY TO STALIN OF OVER TwoMILLION RUSSIANS BY BRITAIN AND THE UNITED STATES. New York:Basic Books (1974). 224 pp. The story of the repatriation in 1945of fleeing Russian military personnel, of Russian prisoners ofwar in Germany, and of Russian 6migr6s who had fought withthe Germans is reconstructed from official archives in Britainand the United States, from personal interviews, and from othersources.

Corlin, Claes. THE NATION IN YOUR MIND: CONTINUITY AND CHANGE AMONG

TIBETAN REFUGEES IN NEPAL. Mimeographed. G6teborg: Universi-ty of Gbteborg (1975). 161 pp. This study deals with a smallcommunity of Tibetan refugees in northern Nepal. The authorundertakes two tasks: analyzing premigration Tibetan societyand documenting the problems and adaptative styles of thesepeople after their exodus. He concludes that the Tibetans' con-ception of their traditional society is fundamental to their socialorganization, and provides the refugees a model of how torespond to the demands imposed on them by their new envi-ronment.

Davis, Morris, ed. CIVIL WARS AND THE POLITICS OF INTERNATIONAL RELIEF. NewYork: Praeger Publishers (1975). 109 pp. This collection ofworks by academic researchers and organizational administra-tors includes four case studies of recent civil wars and theinternational relief efforts they stimulated: Burundi (1972-73),Dominican Republic (1965), East Pakistan/Bangladesh (1970-72), and Nigeria/Biafra (1966-70). The editor concludes withhis own comments on observable modern patterns of interna-tional relief and on the policy implications for the future.

Grant, Bruce. THE BOAT PEOPLE. Blackburn, Australia: Dominion Press


(1979). 225 pp. This journalistic account of the Vietnamese boat

people chronicles their journey to various countries of resettle-ment between 1971 and 1979. The author provides some his-

torical background but is largely concerned with the

contemporary problems encountered by these refugees, rangingfrom poorly equipped boats to insensitive attitudes on the part

of the international community.

Humphry, Derek, and Ward, Michael. PASSPORTS AND POLITICS. Harmonds-

worth: Penguin Books (1974). 187 pp. The influx of Ugandan

Asians into Britain in 1972 is examined in detail by an inves-

tigatory journalist and a regional director of the Coordinating

Committee for the Welfare of Evacuees from Uganda. The au-thors criticize government relief operations as insufficientlyfinanced, staffed by people without experience in race relations,and frequently motivated by discriminatory purposes rather

than humanitarian concerns.

Kasinsky, Ren6e G. REFUGEES FROM MILITARISM: DRAFT AGE AMERICANS IN

CANADA. New Brunswick, N.J.: Transaction Books (1976). 301

pp. The author provides a useful treatment of American immi-

gration to Canada during the Vietnam War and of the social andlegal problems facing U.S. draft evaders in Canada.

Keller, Stephen L. UPROOTING AND SOCIAL CHANGE: THE ROLE OF REFUGEES IN

DEVELOPMENT. Delhi: Manohar Book Service (1975). 375 pp. This

study of the psychological and behavioral impact of refugeestatus, based on personal observations of and responses to

questionnaires by refugees displaced as a result of the partition

of India and Pakistan in 1947, presents an analytical modelidentifying stages of "refugeeism."

Kelly, Gail P. FROM VIETNAM TO AMERICA: A CHRONICLE OF THE VIETNAMESE

IMMIGRATION TO THE UNITED STATES. Boulder: Westview Press(1977). 205 pp. Beginning with the evacuation of Vietnameserefugees and ending with their initial efforts to adjust to Ameri-

can society outside the refugee camps, the author criticizessome aspects of U.S. policy but also recognizes that certain

problems are inherent in the transformation from refugee toimmigrant.

Kuepper, William G.; Lackey, G.L.; and Swinerton, E.N. UGANDAN ASIANS

IN GREAT BRITAIN: FORCED MIGRATION AND SOCIAL ABSORPTION. Lon-don: Croom Helm (1975). 122 pp. Written from a sociologicalperspective, this work is a case study of the adaptation process

APPENDIX IV 625

in a massive forced migration. The initial British governmentaland societal response to the sudden influx of thousands ofrefugees is examined, as well as results of research on the socio-logical effect of resettlement on the transplanted Asian com-munity.

Lattimore, Bertram G. THE ASSIMILATION OF GERMAN EXPELLEES INTO THE WEST

GERMAN POLITY AND SOCIETY SINCE 1945. The Hague: MartinusNijhoff (1974). 158 pp. The refugees studied in this book are theten million German nationals and members of German minoritycommunities who were expelled from various Eastern Europeannations following the collapse of the Nazi regime. By examininghow one town coped with the influx, the author traces theassimilation of these newcomers into the new West Germanstate, where they accounted for a fifth of the population.

Liu, William T. TRANSITION TO NOWHERE: VIETNAMESE REFUGEES IN AMERICA.

Nashville: Charter House Publishers (1979). 214 pp. The Direc-tor of the Asian American Health Research Center examines thephysical and mental health problems of the Vietnamese ref-ugees at each stage from flight to resettlement in the UnitedStates.

Migdal, Joel S., ed. PALESTINIAN SOCIETY AND POLITICS. Princeton: PrincetonUniversity Press (1980). 290 pp. This collection of articles bypolitical scientists and historians analyzes Palestinian social andpolitical life in Israel and Jordan, and in particular the interac-tion between the primarily rural and village population and theurban national leadership.

Mishal, Shaul, WEST BANK/EAST BANK: THE PALESTINIANS IN JORDAN, 1949-1967. New Haven: Yale .University Press (1978). 129 pp. Thispolitical study of the Palestinians who fled to Jordan after 1948attempts to discover why the Palestinians, who constitute amajority of the population of Jordan, have not become integrat-ed into Jordanian political life.

Montero, Darrel. VIETNAMESE AMERICANS: PATTERNS OF RESETTLEMENT AND

SOCIOECONOMIC ADAPTATION IN THE UNITED STATES, Boulder: West-view Press (1979). 218 pp. In this analysis of the changingsocioeconomic status of the Vietnamese refugees across theUnited States, the author considers data on the refugees' em-ployment, education, income, receipt of federal assistance, andproficiency in the English language. The author places the Viet-namese immigration experience in a broad historical context


and concludes that, despite the myriad of problems they havefaced, the refugees have been adapting successfully to life in theUnited States and have made remarkable social and economicprogress. The author's model of "Spontaneous InternationalMigration" is the framework for analysis.

Nakhleh, Khalil, and Zureik, Elia, eds. THE SOCIOLOGY OF THE PALESTINIANS.

London: Croom Helm (1980). 138 pp. This collection of essayssurveys the characteristics of Palestinian societies both in Israeland in Arab host countries.

Shamir, Shimon. COMMUNICATIONS AND POLITICAL ATTITUDES IN WEST BANK

REFUGEE CAMPS, 2d ed. Tel Aviv: The Shiloah Center for MiddleEastern and African Studies (1974). 72 pp. The author regardsthe gap between the attitudes of the parties concerned as themajor difficulty hampering attempts to ease the Palestinian ref-ugee problem. His examination of the attitudes held by therefugees themselves gives the reader striking insight into thestrength and persistence of the refugees' desire to return to theirhomes.

Tolstoy, Nikolai. THE SECRET BETRAYAL. New York: Charles Scribner's Sons(1977). 503 pp. The author relates the events subsequent to theconference at Yalta in 1945 which resulted in the forced repa-triation by the Western allies of more than two million Russiannationals, many of whom should have been entitled to thestatus and protections owed to political refugees.

Serial PublicationsRelating to Refugees

AICC News. Published bimonthly by the American Immigration and Citi-zenship Conference, 20 West 40th Street, New York, N.Y.10018. AICC serves as a coordinating body for national andlocal agencies involved in the immigration process, providing toits members a reporting service on immigration law.

Annual Report. Published by the American Council of Voluntary Agenciesfor Foreign Service, 200 Park Avenue South, New York, N.Y.10003. ACVAFS functions as a clearinghouse for the exchangeof information and resources between a confederation ofAmerican voluntary nonprofit organizations having relief,rehabilitation, and technical assistance programs in overseascountries. The Committee for Migration and Refugee Affairs isa subdivision of ACVAFS.

Annual Report. Published by American Near East Refugee Aid, 1522 KStreet, N.W., Suite 202, Washington, D.C. 20005. The Reportdescribes ANERA's activities on behalf of Palestinian refugeesand other needy individuals in the Arab world, and includes anaudited financial statement. ANERA also publishes a quarterlynewsletter on topics of current interest, intended primarily toaid fundraising and to increase awareness in the United Statesof problems in the Middle East.

Annual Report. Published by Hebrew Immigrant Aid Society, Inc., 200 ParkAvenue South, New York, N.Y. 10003. Although established toaid Jewish refugees resettling throughout the world, HIAS hasalso played a major role in the resettlement of Indochineserefugees in the United States. The Annual Report contains finan-cial and other information relating to its efforts.

Annual Report. Published by the International Rescue Committee, Inc., 386Park Avenue South, New York, N.Y. 10016. The IRC is a non-sectarian voluntary agency with offices worldwide, established


in 1933 to aid victims of oppression in totalitarian countriesresettling elsewhere. The Annual Report reviews the activities ofthe committee and presents brief financial information.

AnnualReport. Published by Tolstoy Foundation, Inc., 250 West 57th Street,New York, N.Y. 10019. The foundation is one of the privateagencies which contracts with the State Department to resettlerefugees in the United States. Although initially created to aidrefugees from the Soviet Union, the organization now providesservices, described in the Report, to refugees from all parts of theworld.

A WR Bulletin. Published quarterly by the Association for the Study of theWorld Refugee Problem, Vienna, Austria. The association con-venes an annual conference devoted to the study of refugeeproblems and publishes, in the Bulletin, articles, speeches, bookreviews, legislative materials, and other writings of concern torefugees.

INS Reporter. Published quarterly by the Immigration and NaturalizationService of the United States Department of Justice. The Reporterprovides a brief survey of recent developments in immigrationlaw.

International Migration. Published quarterly by the Intergovernmental Com-mittee for Migration, P.O. Box 100, CH 1211 Geneva 19, Swit-zerland. ICM is a public international organization consisting ofthirty-one member governments established in 1951 to facili-tate refugee movement and resettlement. International Migrationcontains articles by demographers, economists, and sociologistson the problems of international movements of people. ICMalso publishes annually Review of Achievements and the Report of theDirector, both of which summarize the activities of the organiza-tion for the year.

International Migration Review. Published quarterly by the Center for Migra-tion Studies, 209 Flagg Place, Staten Island, N.Y. 10304. CMSis an educational, nonprofit institute established to facilitate thestudy of human migration and ethnic group relations. The Re-view contains articles by sociologists, historians, demographers,and other social scientists. The center also publishes MigrationToday bimonthly and a Newsletter quarterly.

International Review of the Red Cross. Published six times a year by the Interna-tional Committee of the Red Cross, 17 Avenue de la Paix, CH1211 Geneva, Switzerland. The ICRC, founded in 1863, acts in

APPENDIX IV 629

a neutral capacity to provide protection and assistance to vic-tims of armed conflicts, political detainees, and other personsimprisoned or displaced from their homes. The Review, first pub-lished in 1969, contains articles on international humanitarianlaw. The ICRC also publishes an Annual Report, describing itsactivities around the world.

Interpreter Releases. Published weekly by the American Council for Nationali-ties Service, 20 West 40th Street, New York, N.Y. 10018. ACNSis an umbrella organization representing over thirty agenciesdevoted to aiding and resettling immigrants and refugees in theUnited States. Interpreter Releases reviews current developments inthe field of immigration and naturalization law.

Refugee Reports. Published biweekly by the Refugee Resettlement Informa-tion Exchange Project, a subdivision of the American PublicWelfare Association, 1125 Fifteenth Street, N.W., Suite 300,Washington, D.C. 20005. APWA represents an association oflocal public welfare agencies and professionals. Refugee Reports ispublished by the association under a grant from the Office ofRefugee Resettlement in order to promote the exchange of in-formation between local public agencies involved in resettlingrefugees.

Refugees and Human Rights Newsletter. Published quarterly by the Immigrationand Refugee Program of Church World Service, 475 RiversideDrive, New York, N.Y. 10115. CWS is the relief and develop-ment arm of the National Council of the Churches of Christ inthe USA, providing assistance directly to refugees worldwideand sponsoring refugee resettlement in the United States. Aswell as the Refugee and Human Rights Newsletter, which includesbrief articles on topics of current interest relating to refugees,CWS publishes, once every two weeks, CWS Refugee News, re-porting CWS activities, and, irregularly, Regional Refugee Updates,describing refugee problems in particular areas of the world.

Report of the Commissioner General Published annually by the CommissionerGeneral of the United Nations Relief and Works Agency forPalestine Refugees in the Near East, P.O. Box 484, Amman,Jordan. UNRWA has been delegated the responsibility of pro-viding health care, education, and other relief services to Pales-tinian refugees. The Report details the annual activities of theagency, and is published as part of the proceedings of the Unit-ed Nations General Assembly.


Report to the Congress. Published annually by the Office of Refugee Resettle-ment of the U.S. Department of Health and Human Services(formerly published by the Indochinese Refugee AssistanceProgram of the Department of Health, Education and Welfare).The report contains data on appropriations and expenditures,geographic distribution of refugees, assistance and other socialservices provided to refugees, and the health and education ofrefugees.

UNHCR. Published six times per year by the Office of the United NationsHigh Commissioner for Refugees, Palais des Nations, CH 1211Geneva 10, Switzerland. The UNHCR is the primary interna-tional organization responsible for the legal protection of ref-ugees. The bimonthly UNHCR summarizes events of concern torefugees and activities of UNHCR. The Office also publishesannual reports on its activities and budget which are submittedto and reprinted as part of the proceedings of the General As-sembly of the United Nations. Other materials and documents,published by UNHCR, including the records of the meetings ofthe Executive Committee, are published by the UN GeneralAssembly under the UN document number prefix A/AC.96/-.-, or by UNHCR in Geneva under the prefix HCR/__.

World Refugee Assessment. Published annually by the Office of the UnitedStates Coordinator for Refugee Affairs. Submitted annually toCongress, it appears as an annex to committee prints. The Assess-ment describes refugee problems on a country-by-country basis.The coordinator must also submit at the beginning of each fiscalyear a report on the number of refugees expected to be admittedto the United States during that fiscal year.

World Refugee Survey. Published annually by the United States Committee forRefugees, 20 West 40th Street, New York, N.Y. 10018. Thecommittee is a private organization which serves as an informa-tion and research center on world refugee affairs. Its annualsurvey identifies and reviews problem areas in the world andattempts to estimate the number of refugees in each country.

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Michigan Journal of International Law Appendix IV

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