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Author Çetinkaya, Lokman B., author.

Title Safe zone : a response to large-scale refugee outflows and human suffering / Lokman B. Çetinkaya.

Published Cham, Switzerland : Springer, [2017]


Location Call No. Status
Physical description 1 online resource (viii, 71 pages) : color maps.
Series SpringerBriefs in Law.
SpringerBriefs in law.
Springer Law and Criminology eBooks 2017 English+International.
Bibliography Includes bibliographical references.
Contents Foreword; Contents; 1 Introduction; 2 Application of Countermeasures to Justify the Establishment of Safe Zones as a Response to Large-Scale Refugee Outflows; 2.1 Analysis of the Requirements for a Countermeasures Defense to Establish of Safe Zones; 2.1.1 A Response to a Previous Internationally Wrongful Act; 2.1.2 The Responsible State Must Be Called upon to Return to a Lawful Situation Before Countermeasures Are Adopted; 2.1.3 Countermeasures Must Be Directed Only Against the Wrongdoer State to Induce Compliance with Its International Obligations; 2.1.4 Duration; 2.1.5 Reversibility.
2.1.6 Proportionality2.2 Collective Countermeasures; 2.3 Forcible Countermeasures; 2.3.1 Character of the Use of Force; 2.3.2 The Ban on the Use of Force and Forcible Countermeasures; 2.3.3 Forcible Measures Against Large-Scale Refugee Outflows; 3 Application of the Concept of Necessity to Justify the Establishment of Safe Zones to Prevent Large-Scale Refugee Outflows; 3.1 Analysis of the Requirements for a Necessity Defense to Establish of Safe Zones; 3.1.1 An 'Essential Interest' of the State Must Be at Stake; 3.1.2 Presence of a 'Grave and Imminent Peril'
3.1.3 The State Must Have no Other Means of Safeguarding Its Interest3.1.3.1 Resettlement of Refugees in Third States; Refugee Camps/Accommodation Centers in the Refugee-Receiving Country; Border Closure; Establishment of Safe Zones in the Refugee-Generating Country; 3.1.4 Balancing Conflicting Interests; 3.1.5 State's Contribution to the Occurrence of the Situation of Necessity; 3.2 Application of the Necessity Doctrine to Justify Forcible Action Abroad.
4 Application of the Humanitarian Intervention Doctrine to Justify the Establishment of Safe Zones to Alleviate Human Suffering4.1 Responsibility to Protect or Humanitarian Intervention?; 4.2 Breaking the Sovereignty Shield; 4.3 The Link Between Human Suffering, Refugee Outflows and International Security; 4.4 Historical Instances of Humanitarian Intervention; 4.5 Legality of Humanitarian Intervention and the Establishment of Safe Zones; 4.6 Disinterest; 5 Conclusion; References; List of Cases.
Summary Using legal arguments consistent with international law, this book explores whether and under which circumstances a State (or States) may establish and militarily enforce safe zones in countries that produce large-scale refugee outflows so as to protect its (or their) own interests by averting said outflows, as well as to alleviate human suffering in today's world of civil and internal warfare. Though large-scale refugee outflows have become an increasingly frequent problem in inter-state relations, international law offers no clear remedy. Accordingly, interpretation and adaptation of the existing rules and principles of international law, in addition to State practice and the jurisprudence of international courts, are required in order to find appropriate and lawful responses to such situations. The book examines countermeasures, necessity and humanitarian intervention as possible legal grounds to justify the establishment of safe zones. Since the proposal of a safe zone for Syria remains on the international community's agenda, the specific conditions of this case are particularly addressed in order to assess the suitability and legality of a possible safe zone in Syria.
Other author SpringerLink (Online service), issuing body.
Subject Refugees -- Legal status, laws, etc.
Asylum, Right of.
Electronic books.
Standard Number 10.1007/978-3-319-51997-5
ISBN 9783319519975 (electronic bk.)
3319519972 (electronic bk.)