Temporary protection is a flexible tool of international protection, which offers sanctuary to those fleeing humanitarian crises, and currently affects the lives and legal status of millions of forced migrants. However, the content, boundaries and legal foundation of temporary protection, remain largely undefined or unsettled. There are only a few instruments that provide guidance to states on how to respond to mass influx situations and how to implement temporary protection regimes. In Temporary Protection in Law and Practice, Meltem Ineli-Ciger takes a step towards clarifying those undefined aspects of temporary protection, by examining temporary protection’s legal foundation in international law and its relationship with the Refugee Convention. The book also reviews temporary protection policies in Europe, Southeast Asia, Turkey and the United States, with a view to identifying elements that enhance and compromise the legality and viability of temporary protection regimes. Building on this analysis and legal limitations to the freedom of states to conceptualize different aspects of temporary protection, this book provides guidance to states on how to introduce and implement a viable temporary protection regime, which operates within the boundaries of international law and international human rights law.
Meltem Ineli-Ciger, Ph.D. (2015), University of Bristol, is Assistant Professor at the Suleyman Demirel University, Faculty of Law. She has published widely in the area of international and European refugee law. She acted as a legal consultant to the European Commission in the Study on the Temporary Protection Directive and co-edited the book Seeking Asylum in the European Union (Brill/Nijhoff 2015).
Foreword Acknowledgements Abbreviations Note Introduction
1 An Introduction to Temporary Protection
2 Research Questions and Structure of the Book
3 Limitations Part 1. Temporary Protection in International Law 1 The Convention relating to the Status of Refugees, Protection Gaps and Temporary Protection
2 Protection Gaps and Interpretation of the Convention
3 The Protection Gap relating to Persons Fleeing Armed Conflict
4 The Protection Gap relating to Admission
5 The Protection Gap relating to Mass Influx
6 Protection Gaps and Temporary Protection
7 Conclusion 2 The Legal Basis of Temporary Protection in International Law
2 Legal Basis of Temporary Protection in Treaty Law
3 Legal Basis of Temporary Protection in Customary International Law
4 Conclusion 3 Elements of a Practical and Efficient Temporary Protection Regime which Operates within the Boundaries of International Law and Human Rights
2 A Practical and Efficient Temporary Protection Regime
3 A Temporary Protection Regime which Operates within the Boundaries of International Law and Human Rights
4 Conclusion Part 2. Temporary Protection in Practice: An Overview of Temporary Protection Policies in Europe, Southeast Asia, Turkey and the United States Introduction to Case Studies on Temporary Protection 4 Temporary Protection Practice in Southeast Asia and Europe
2 The Comprehensive Plan of Action and Temporary Protection of Vietnamese Asylum Seekers in Southeast Asia
3 Temporary Protection of Bosnians in Europe
4 Temporary Protection of Kosovars in Europe
5 Conclusion 5 EU Temporary Protection Directive
2 Temporary Protection Directive, an Overview
3 Why the Temporary Protection Directive has Never Been Implemented?
4 Temporary Protection Practices in Europe, the European Asylum Crisis and the Temporary Protection Directive
5 Conclusion 6 Temporary Protection in Turkey and the United States
2 Temporary Protection Laws and Practice in Turkey: An Overview of Protection of Syrians
3 Temporary Protection in the United States: The Temporary Protected Status
4 Conclusion Conclusion to Case Studies on Temporary Protection Part 3. The Temporary Protection Guidelines 7 The Temporary Protection Guidelines
2 Coordination of Responses in Mass Influx Situations and Establishment of a Decision Making Authority
3 Admission and Eligibility
4 Maximum Time Limit and Access to Refugee Status Determination Procedures
5 Rights and Entitlements of Temporary Protection Beneficiaries
6 End of Temporary Protection and Access to Durable Solutions
7 Voluntary Return and Assisted Return Schemes
9 Burden Sharing
10 Conclusion Conclusion
1 Why is Temporary Protection a Viable Protection Framework to Respond to Mass Influx of Persons Fleeing Armed Conflict?
2 What is the Legal Basis of Temporary Protection in International Law?
3 What are the Principal Elements of a Practical and Efficient Temporary Protection Regime which Operates within the Boundaries of International Law and Human Rights?
4 Which Lessons can be Drawn from Past and Present Temporary Protection Practices to Establish a Viable Temporary Protection Regime?
5 How can States Introduce and Implement a Practical and Efficient Temporary Protection Regime which Operates within the Boundaries of International Law and Human Rights?
6 Final Statement Bibliography Index
All interested in temporary protection of forced migrants in mass influx situations, especially anyone concerned with temporary protection policies in Europe, Southeast Asia, Turkey and the United States.