Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.

This book addresses the issue of refugee protection in Europe, drawing on the approaches taken to the crisis in former Yugoslavia to find lessons for future comprehensive policies. Suitable for academics, students and policy-makers, this book gives a comprehensive overview of the twentieth-century history of refugee protection, the relationship between protection and human rights, and European integration in the asylum and immigration policy area. The focus of the book is the development of comprehensive approaches to forced migration and particularly the emergence of temporary protection mechanisms in the European context. Four specific national measures are analyzed and a model for future EU policy is advanced. This model satisfies specified practical and theoretical requirements governing the role of protection in international relations and relations between individuals and states.

1.4 DE FACTO STATELESSNESS.

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.

Publisher Description

This innovative Handbook sets out a conceptual and analytical framework for the critical appraisal of migration governance. Global and interdisciplinary in scope, the chapters are organised across six key themes: conceptual debates; categorisations of migration; governance regimes; processes; spaces of migration governance; and mobilisations around it.