Temporary refuge
Vol.2,No.6(1994)
Abstract
Pages:
48–63
The author analyses the phenomenon of temporary refuge in the light of international law. He concludes that temporary refuge represents the act of freedom of each state as a member of the internatíonal society. Such an act is a product of humanity and necessity.
Temporary refuge is not codified in international law. The customary rule non refoulement does not order states to grant temporary refuge to a person who has been forced to leave the state for the reason of systematic violations of human rights, general violence, war, or man-made disaster. Institutíon of temporary refuge is regulated by domestic law (Austria, Germany, USA etc.). Granting temporary refuge is performed on the basis of the domestic laws at the same time the administrative discretion plays the main role in deciding.
48–63
Copyright © 2018 Dalibor Jílek