Download or read book The International Legal Status and Protection of Environmentally Displaced Persons A European Perspective written by Hélène Ragheboom and published by BRILL. This book was released on 2017-07-03 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.

Download or read book The International Legal Status and Protection of Environmentally displaced Persons written by Helene Ragheboom and published by International Refugee Law. This book was released on 2017 with total page 684 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, and explores possible future approaches to addressing the issue.

Download or read book Environmental Change Forced Displacement and International Law written by Isabel M. Borges and published by Routledge. This book was released on 2018-12-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.

Download or read book Climate Change Migration and Human Rights written by Dimitra Manou and published by Routledge. This book was released on 2017-05-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Download or read book Environmental Migration in International Law written by Damir K. Bekyashev and published by Cambridge Scholars Publishing. This book was released on 2016-08-17 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book International Law and the Protection of Climate Refugees written by Giovanni Sciaccaluga and published by Springer Nature. This book was released on 2020-08-05 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Climate Change and Displacement written by Jane McAdam and published by Bloomsbury Publishing. This book was released on 2010-09-06 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Environmental migration is not new. Nevertheless, the events and processes accompanying global climate change threaten to increase human movement both within states and across international borders. The Inter-governmental Panel on Climate Change has predicted an increased frequency and severity of climate events such as storms, cyclones and hurricanes, as well as longer-term sea level rise and desertification, which will impact upon people's ability to survive in certain parts of the world. This book brings together a variety of disciplinary perspectives on the phenomenon of climate-induced displacement. With chapters by leading scholars in their field, it collects in one place a rigorous, holistic analysis of the phenomenon, which can better inform academic understanding and policy development alike. Governments have not been prepared to take a leading role in developing responses to the issue, in large part due to the absence of strong theoretical frameworks from which sound policy can be constructed. The specialist expertise of the authors in this book means that each chapter identifies key issues that need to be considered in shaping domestic, regional and international responses, including the complex causes of movement, the conceptualisation of migration responses to climate change, the terminology that should be used to describe those who move, and attitudes to migration that may affect decisions to stay or leave. The book will help to facilitate the creation of principled, research-based responses, and establish climate-induced displacement as an important aspect of both the climate change and global migration debates.

Download or read book The International Legal Protection of Environmental Refugees 342 written by VAN DER VLIET and published by . This book was released on 2020-04-15 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.

Download or read book Climate Change Forced Migration and International Law written by Jane McAdam and published by Oxford University Press. This book was released on 2012-02-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a key study into whether 'climate change refugees' are protected by international law. It examines the reasons why people do or do not move; how far climate change is a trigger for movement; and whether traditional international responses, such as creating new treaties and new institutions, are appropriate solutions in this context.

Download or read book An Introduction to International Refugee Law written by M. Rafiqul Islam and published by Martinus Nijhoff Publishers. This book was released on 2013-05-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.

Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2021 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.

Download or read book Organizational Perspectives on Environmental Migration written by Kerstin Rosenow-Williams and published by Routledge. This book was released on 2015-10-16 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past decade, international organizations (IOs) and non-governmental organizations (NGOs) have increasingly focused their efforts on the plight of environmental migrants in both industrialized and developing countries. However, to date very few studies have analysed the influence and rhetoric of advocacy groups in the debates on environmental migration. Organizational Perspectives on Environmental Migration fills this lacuna by drawing together and examining the related themes of climate change and environmental degradation, migration and organizational studies to provide a fresh perspective on their increasing relevance. In order to assess the role of IOs and NGOs in the environmental migration discourse and to understand their interaction and their ways of addressing the topic, the book contains a wide-range of contributions covering the perspectives of organizational sociologists, political scientists, anthropologists, geographers, lawyers and practitioners. The chapters are organized thematically around the perspectives of key actors in the area of environmental migration, including IOs, courts and advocacy groups. The geographically diverse and interdisciplinary range of contributions makes this volume an essential foundational text for organizational responses to environmental migration. This volume will be of great interest to students and scholars of migration studies, international relations, organizational sociology, refugee law and policy, and development studies.

Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2007-03-22 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition, each chapter has been thoroughly revised and updated, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

Download or read book Environmental Justice and the Rights of Ecological Refugees written by Laura Westra and published by Routledge. This book was released on 2009-09-02 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.

Download or read book The Evolution of Humanitarian Protection in European Law and Practice written by Liv Feijen and published by Cambridge University Press. This book was released on 2021-04-01 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Download or read book Internally Displaced Persons and International Refugee Law written by Bríd Ní Ghráinne and published by Oxford University Press. This book was released on 2022-03-15 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Internally Displaced Persons (IDPs) are persons who have been forced to leave their places of residence as a result of armed conflict, violence, human rights violations, or natural or human-made disasters, but who have not crossed an international border. There are about 55 million IDPs in the world today, outnumbering refugees by roughly 2:1. Although IDPs and refugees have similar wants, needs and fears, IDPs have traditionally been seen as a domestic issue, and the international legal and institutional framework of IDP protection is still in its relative infancy. This book explores to what extent the protection of IDPs complements or conflicts with international refugee law. Three questions form the core of the book's analysis: What is the legal and normative relationship between IDPs and refugees? To what extent is an individual's real risk of internal displacement in their country of origin relevant to the qualification and cessation of refugee status? And to what extent is the availability of IDP protection measures an alternative to asylum? It argues that the IDP protection framework does not, as a matter of law, undermine refugee protection. The availability of protection within a country of origin cannot be a substitute for granting refugee status unless it constitutes effective protection from persecution and there is no real risk of refoulement. The book concludes by identifying current and future challenges in the relationship between IDPs and refugees, illustrating the overall impact and importance of the findings of the research, and setting out questions for future research.

Download or read book The International Legal Protection of Environmental Refugees written by J.M.M. Vliet and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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. Bron: Flaptekst, uitgeversinformatie.