Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing
This paper proposes a paradigm change in the international refugee regime, whereby refugee burden-sharing must shift from state-centrism and security concerns toward a perspective grounded in human rights and the international community. Furthermore, it proposes to fill normative gaps regarding temp...
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| Format: | Article |
| Language: | English |
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Istanbul University Press
2022-07-01
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| Series: | İstanbul Hukuk Mecmuası |
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| Online Access: | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/898ED9005B0941AD892E80291D0447C9 |
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| author | Ümmühan Elçin Ertuğrul |
| author_facet | Ümmühan Elçin Ertuğrul |
| author_sort | Ümmühan Elçin Ertuğrul |
| collection | DOAJ |
| description | This paper proposes a paradigm change in the international refugee regime, whereby refugee burden-sharing must shift from state-centrism and security concerns toward a perspective grounded in human rights and the international community. Furthermore, it proposes to fill normative gaps regarding temporary protection and refugee burden-sharing. The right to obtain and receive protection in other countries for a person who is faced with persecution in their own country is a human right However, it does not constitute an international obligation for states under the present refugee regime. Refugee admission is solely under the control and at the discretion of the host states. States usually avoid admitting refugees due to various concerns regarding security, their social and economic situation, and the like. As a result, the refugee burden is placed on the shoulders of just a few states. In fact, it should be shared by all. This paper advocates placing the burden of refugees, including the burden of temporary protection, on the international community as a whole. The argument is that refugee burden-sharing is a jus cogens from which the internationalcommunity as a whole benefits and that jus cogens entails erga omnes obligation for the international community as a whole. In fact, erga omnes obligations may arise even if refugee burden-sharing is not accepted as jus cogens under international law. In discussions on refugee burden-sharing, the logic of collective action and the prisoner’s dilemma have been considered. This paper also contends that burden-sharing states have rights in personam to claim from other states, inspired by Hart’s theory of “mutuality of restriction.” The essence of this paper is based on Friedman’s notion of an everchanging international community and, thus, on an understanding of international law. |
| format | Article |
| id | doaj-art-6cd9308d63c2422da23f6e2fcf688eda |
| institution | Kabale University |
| issn | 2667-6974 |
| language | English |
| publishDate | 2022-07-01 |
| publisher | Istanbul University Press |
| record_format | Article |
| series | İstanbul Hukuk Mecmuası |
| spelling | doaj-art-6cd9308d63c2422da23f6e2fcf688eda2025-08-20T03:53:18ZengIstanbul University Pressİstanbul Hukuk Mecmuası2667-69742022-07-0180265568210.26650/mecmua.2022.80.2.0009123456Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden SharingÜmmühan Elçin Ertuğrul0https://orcid.org/0000-0003-3930-8531Kırıkkale Üniversitesi, Kirikkale, TurkiyeThis paper proposes a paradigm change in the international refugee regime, whereby refugee burden-sharing must shift from state-centrism and security concerns toward a perspective grounded in human rights and the international community. Furthermore, it proposes to fill normative gaps regarding temporary protection and refugee burden-sharing. The right to obtain and receive protection in other countries for a person who is faced with persecution in their own country is a human right However, it does not constitute an international obligation for states under the present refugee regime. Refugee admission is solely under the control and at the discretion of the host states. States usually avoid admitting refugees due to various concerns regarding security, their social and economic situation, and the like. As a result, the refugee burden is placed on the shoulders of just a few states. In fact, it should be shared by all. This paper advocates placing the burden of refugees, including the burden of temporary protection, on the international community as a whole. The argument is that refugee burden-sharing is a jus cogens from which the internationalcommunity as a whole benefits and that jus cogens entails erga omnes obligation for the international community as a whole. In fact, erga omnes obligations may arise even if refugee burden-sharing is not accepted as jus cogens under international law. In discussions on refugee burden-sharing, the logic of collective action and the prisoner’s dilemma have been considered. This paper also contends that burden-sharing states have rights in personam to claim from other states, inspired by Hart’s theory of “mutuality of restriction.” The essence of this paper is based on Friedman’s notion of an everchanging international community and, thus, on an understanding of international law.https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/898ED9005B0941AD892E80291D0447C9temporary protectionrefugee burden-sharingjus cogenserga omnesthe theory of mutuality of restrictioninternational refugee law |
| spellingShingle | Ümmühan Elçin Ertuğrul Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing İstanbul Hukuk Mecmuası temporary protection refugee burden-sharing jus cogens erga omnes the theory of mutuality of restriction international refugee law |
| title | Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing |
| title_full | Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing |
| title_fullStr | Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing |
| title_full_unstemmed | Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing |
| title_short | Propositions to Fill for Normative Gaps on Temporary Protection and Refugee Burden Sharing |
| title_sort | propositions to fill for normative gaps on temporary protection and refugee burden sharing |
| topic | temporary protection refugee burden-sharing jus cogens erga omnes the theory of mutuality of restriction international refugee law |
| url | https://cdn.istanbul.edu.tr/file/JTA6CLJ8T5/898ED9005B0941AD892E80291D0447C9 |
| work_keys_str_mv | AT ummuhanelcinertugrul propositionstofillfornormativegapsontemporaryprotectionandrefugeeburdensharing |