Non-refoulement, temporary refuge, and the "new" asylum seekeers
Guy S. Goodwin-Gill
Refuge from inhumanity ? : war refugees and international humanitarian law
Leiden ; Boston : Brill Nijhoff, 2014
Guy Goodwin-Gill revisits the notion of 'temporary refuge' for those in flight from conflict as it emerged in the 1980s, and considers to what extent it can be regarded as a norm of customary international law, in the light of State and UN practice, theoretical approaches to custom as a source of international obligations, and related developments over the past thirty years. The principle of temporary refuge, he argues, comprises more than its core obligations of admission and non-return to situations of danger; and he makes the case for de-linking the concept of refuge from the principle of non-refoulement and developing refuge itself as the overarching principle of protection.