The Position of Foreigners Under Temporary Protection in Terms of International Documents which Turkey is a Party

Author(s):  
Cengiz Mesut Tosun
Keyword(s):  
Author(s):  
Marina Sharpe

Chapter 3 first addresses the regional refugee definition according to the 1969 Convention , beginning with a description of article I(2)’s international influence and an interpretation of the definition using orthodox methods. The context and object and purpose of the 1969 Convention are discussed, followed by analysis of the ‘every person’ term and each of the 1969 Events and the test for refugee status under article I(2), including a discussion of internal flight alternative, ongoing risk, and sur place claims. Section B then addresses how article I(2) has been invoked in practice. Section B also addresses prima facie refugee status determination. Section C covers further key features of the 1969 Convention: whether it advances an individual right to asylum; non-refoulement; the formalization of responsibility sharing, temporary protection, and voluntary repatriation; and the Convention’s prohibition of subversive activities. Section D concludes.


2009 ◽  
Vol 11 (4) ◽  
pp. 313-326 ◽  
Author(s):  
Finn Myrstad ◽  
Vikram Kolmannskog

AbstractEnvironmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. This article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. There may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualification Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of the individual. A strategy to meet the challenge of environmental displacement must also include climate change mitigation and external measures such as adaptation. Most of the displaced persons in the world today and in the near future do not arrive at the EU borders.


2021 ◽  
Vol 90 (1) ◽  
pp. 60-85
Author(s):  
Nikolas Feith Tan

Abstract This contribution discusses the recent ‘paradigm shift’ in Danish refugee policy towards temporary protection and return in light of the law of the international legal standards governing when an asylum state can end the protection of refugees. The article provides an overview of the spectrum of cessation standards drawing on the 1951 Refugee Convention, complementary protection under human rights law and the concept of temporary protection, before setting out the legislative changes making up the Danish ‘paradigm shift’. The Danish case reveals a structural gap in the law of cessation as it regards to complementary protection. The lack of a comprehensive complementary protection framework in some jurisdictions leaves the law open to governments wishing to instrumentalise and minimise protection obligations. Finally, the article analyses legal and policy implications of the policy turn, discussing Denmark’s potential role as a forerunner in temporary protection and cessation, gaps in the law of cessation vis-à-vis complementary protection, and calling for increased scholarly focus on the law of cessation.


Refuge ◽  
2001 ◽  
pp. 17-22
Author(s):  
Jackie King

Australia's decision to provide temporary safe haven protection to 4000 Kosovars in response to the UNHCR request for assistance in their humanitarian evacuation from refugee camps in surrounding countries, required quick action by the government to provide for an unprecedented legislative and service delivery framework. This paper looks at the notion of temporary protection, both in international and specifically Australian context, before describing and assessing the legislative and service delivery mechanisms that facilitated Australia's response. This paper concludes that the risk of selective intepretation of the legislation and the denial of democratic rights to the subjects of legislation, and the less than adequate service delivery to the Kosovars, and the arguable breach of its international obligations, suggests that Australia will have to think twice before engaging in such a mechanism in the future.


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