[PDF] Legal Protection For Environmental Migrants Current Challenges And Ways Forward eBook

Author : Viviane Passos Gomes
Publisher : Punto Rojo Libros
Page : 136 pages
File Size : 36,64 MB
Release : 2018-12-12
Category : Law
ISBN : 841776884X

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This book describes the worrying scenario that reflects the urgency and importance of dealing with the situation of environmental migrants, especially considering that the environmental migration crisis is already greater than the migratory crisis due to war refugees. The first major problem in this environmental context is that there is no specific rule in international law to address this issue.\r In the face of this problem, far from exhausting all possible solutions on the theme, this book intended to plant a seed of reflection, based on an analysis of the current legal and political context, and outlining the possible paths to follow.\r New living conditions demand a paradigm shift in the human lifestyle, changing thoughts and attitudes at the individual and group level as reflected in national and international policies. It begins with the notion of conscience and interdependence. It begins, above all, with the notion of empathy and solidarity, understanding that tomorrow it may be one of us that needs this help that we are denying today. \r

Author : Giovanni Sciaccaluga
Publisher : Springer Nature
Page : 230 pages
File Size : 35,40 MB
Release : 2020-08-05
Category : Law
ISBN : 3030524027

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This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

Author : Giovanni Carlo Bruno
Publisher :
Page : pages
File Size : 38,49 MB
Release : 2017
Category : Asylum, Right of
ISBN : 9788880802778

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"The rationale behind the volume on Migration and the Environment: Some Reflections on Current Legal Issues and Possible Ways Forward is to provide a comprehensive and critical review of the major outcomes, implications and achievements on the relevant questions of international law on international migration and the environment. The ultimate objective of the volume is to foster the debate among experts, scholars and policy makers. To this end, the collected papers analyze from different perspectives the link between migration and the environment and the phenomenon of environment-related migration, discuss the extent to which people whose movements are induced by environmental factors are protected under the existing international legal framework, investigate the main legal issues and normative gaps and analyze the solutions at stake. The volume does not aim at covering all the issues connected to the legal questions related to migration and environment. Nevertheless, we tried to offer to the readers a good selection of papers on the subject." --

Author : Damir K. Bekyashev
Publisher : Cambridge Scholars Publishing
Page : 190 pages
File Size : 19,20 MB
Release : 2016-08-17
Category : Law
ISBN : 1443898163

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This book brings together research on various aspects of environmental migration in the context of international law, with a particular focus on the emergence and development of regulation in the field of environmental migration at the global and regional levels. It discusses a theoretical framework for international regulation of environmental migration, analysing the notion and legal status of environmental migrants, categories of environmentally displaced persons, problems of legal regulation in the field of environmental migration at the international level, as well as specific circumstances of international labour migration induced by environmental factors. The annexes here bring together the most important international acts governing various aspects of forced and labour migration. As such, the book will appeal to international law experts, students, post-graduate students, researchers, and the general reader interested in international migration law.

Author : VAN DER VLIET
Publisher :
Page : 470 pages
File Size : 28,98 MB
Release : 2020-04-15
Category : Environmental refugees
ISBN : 9789462361393

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"Climate change and other forms of environmental degradation, such as earthquakes and soil erosion, in combination with other factors (such as poverty, lack of government action and armed conflict) can lead to forced migration. The protection of these environmental refugees requires a different approach than that of 'traditional war refugees'. Most environmental refugees are internally displaced. As a result, developing countries that are hit hardest by the negative effects of climate change, also have to deal with high numbers of internally displaced persons. These countries rely on international support to be able to bear the costs of mitigation- and adaptation measures. The current legal system not only offers insufficient protection for environmental refugees, but also offers insufficient opportunities for support by the international community. Principles and rules of international environmental law, human rights law and State responsibility can be used in an instrumental way to co-finance and support local measures. This thesis argues for the combination of a human rights-based, security and State responsibility approach to create medium and long-term protection regimes for environmental refugees that makes use of the possibilities to prevent migration or, if inevitably, manage migration"--Back cover.

Author : Benoît Maye
Publisher : Edward Elgar Publishing
Page : 505 pages
File Size : 31,82 MB
Release : 2017-10-27
Category : Law
ISBN : 1785366599

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This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.

Author : Virginie Arnaud
Publisher :
Page : 6 pages
File Size : 50,76 MB
Release : 2016
Category :
ISBN :

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The main purpose of this paper is to present the current state of research concerning protection on environmental migrants. The legal context of forced environmental migrations becomes and issue researched for more than thirty years. According to the most common understanding, the term "forced environmental migrant" referring to people are forced to leave their homelands due to sudden or/and long-term changes to their local environment (habitat) which compromise their well being or secure livelihood, such changes are held to include increased drought, desertification, sea level rise, seasonal weather patterns and industrial accidents. The vast majority of such categories of mobility is in fact internal phenomenon observed in developing countries. The issue of forced environmental migration caught attention scholars dealing with international law and international human rights law for more than twenty years. Environmental migrations constitute important issue for scholars dealing with international law and development studies. I will draw attention to the evolution of approach to environmental migrations on the basis of international human rights law. I will also present the most recognized definitions of his issue from 1985 to this date. In concluding remarks I will drew attention to the current and future challenges associated with this issue.

Author : Simon Behrman
Publisher : Cambridge University Press
Page : 397 pages
File Size : 50,11 MB
Release : 2022-03-17
Category : Law
ISBN : 1108830722

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A discussion of cutting-edge developments in policy on climate change and forced displacement from leading academics and practitioners.

Author : Frank Laczko
Publisher : UN
Page : 448 pages
File Size : 46,21 MB
Release : 2009
Category : Business & Economics
ISBN :

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Gradual and sudden environmental changes are resulting in substantial human movement and displacement, and the scale of such flows, both internal and cross-border, is expected to rise with unprecedented impacts on lives and livelihoods. Despite the potential challenge, there has been a lack of strategic thinking about this policy area partly due to a lack of data and empirical research on this topic. Adequately planning for and managing environmentallyinduced migration will be critical for human security. The papers in this volume were first presented at the Research Workshop on Migration and the Environment: Developing a Global Research Agenda held in Munich, Germany in April 2008. One of the key objectives on the Munich workshop was to address the need for more sound empirical research and identify priority areas of research for policy makers in the field of migration and the environment.

Author : Aylin Yildiz Noorda
Publisher : BRILL
Page : 282 pages
File Size : 29,91 MB
Release : 2022-11-07
Category : Law
ISBN : 9004522360

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The open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.