Research Handbook on International Refugee Law
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Research Handbook on International Refugee Law

Edited by Satvinder Singh Juss

In an age of ethnic nationalism and anti-immigrant rhetoric, the study of refugees can help develop a new outlook on social justice, just as the post-war international order ends. The global financial crisis, the rise of populist leaders like Trump, Putin, and Erdogan, not to mention the arrival of anti-EU parties, raises the need to interrogate the refugee, migrant, citizen, stateless, legal, and illegal as concepts. This insightful Research Handbook is a timely contribution to that debate.
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Chapter 5: Temporary protection of forced migrants

Meltem Ineli-Ciger

Abstract

Temporary protection currently affects the lives and legal status of thousands of forced migrants. However, despite this importance, no international legal instrument provides a clear definition of temporary protection or reflects a consensus on what it entails as a protection framework. Many aspects of temporary protection even today are not clear: as is rightly noted by the United Nations High Commissioner of Refugees Roundtable assembled in 2012 ‘Temporary protection is not a new concept, yet its content, boundaries and legal foundation remain largely undefined or unsettled.’ With the aim of clarifying some of these undefined and unsettled aspects, this chapter reviews temporary protection laws and policies in the EU, Turkey, the US and Australia and addresses a number of key questions with regard to the content and boundaries of temporary protection. Building on this analysis, the chapter discusses the role of temporary protection in protection of forced migrants today.

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