INTERNATIONAL STATUS OF ENVIRONMENTAL MIGRANTS
DOI:
https://doi.org/10.51204/IVRS_19302AKeywords:
International Law, Environmental migrants, Environmental refugees, Human Rights, Environmental LawAbstract
In the light of the current migration crisis, there is an increasing need for examining main causes of migrations. This paper contains a conceptual analysis of the notion “environmental migrants”, a newly established category of persons being in a need of specific international protection. Following the elaboration on two empirical examples supporting the fact that this is indeed an ongoing and contemporary problem at international scene, the author considers whether proposed terms are able to appropriately address the group in question, thus putting forward a definition of the concept, as these are regarded as initial steps towards creating a distinct legal framework and an adequate protection of such particularly vulnerable group. Additionally, the second part of the paper is revealing some of the present-day international legal mechanisms which might serve as a solution to this problem, as well as several proposals de lege ferenda. Ultimately, it can be concluded that there is a need for special protection of those who migrate due to environmental factors, as well as that it is the common interest of the entire international community to tackle this problem before it is too late.
References
Bates, D., “Environmental Refugees? Classifying Human Migrations Caused by Environmental Change”, Population and Environment, vol. 23, no. 5, 2002.
Biermann, F., Boas, I., “Preparing for a Warmer World: Towards a Global Governance System to Protect Climate Refugees”, Global Environmental Politics, vol. 10, no. 1, 2010.
https://doi.org/10.1162/glep.2010.10.1.60
Bilsborrow, R., Rural poverty, migration, and the environment in developing countries: three case studies, Background paper for World Development Report, The World Bank, 1992
Black, R., “Environmental refugees: myth or reality?”, Working Paper no. 34, United Nations High Commissioner for Refugees, 2001.
Bojanowski, A., “UN Embarrassed by Forecast on Climate Refugees”, Spiegel Online, 2011.
Castles, S., “Environmental Change and Forces Migration: Making Sense of the Debate”, New Issues in Refugee Research, 2002.
Christian Aid, Human Tide: The Real Migration Crisis, 2007.
Conisbee, M., Simms, A., “Environmental Refugees-The Case of Recognition”, New Economics Foundation, 2003.
Čučković, B., Application of Rules on State Responsibility for Environmental Harm, unpublished doctoral dissertation, Faculty of Law University of Belgrade, 2012.
Döös, B. R., “Can large-scale environmental migrations be predicted?“, Global Environment Change, vol. 7, no. 1, 1997.
https://doi.org/10.1016/S0959-3780(96)00037-4
Draft articles on The Protection of Persons in The Events of Disasters, with commentaries, Yearbook of the International Law Commission, vol. 2, Part 2, 2016.
El-Hinnawi, E., “Environmental Refugees”, United Nations Environmental Programme, 1985.
Hall, K. G. , “Brazil, once a haven, now a dead end for many Haitians”, Miami Herald, 2016.
Hodgkison, D., Young, L., “In the Face of Looming Catastrophe: A Convention for Climate Change Displaced Persons”, Threatened Island Nations, Cambridge University Press, New York, 2012.
Human Rights Council, “Report of the Office of the United Nations High Commissioner for Human Rights on the relationship between climate change and hu-man rights“, 2009.
Intergovernmental Panel on Climate Change, Climate Change – Impacts, Adaptation and Vulnerability, 2007. https://doi.org/10.1017/CBO9780511546013
International Organisation for Migration, Environmentally-Induced Population, Displacements and Environmental Impacts Resulting from Mass Migration, 1996.
International Organisation for Migration, Migration, Environment and Climate Change-Assessing The Evidence, 2009.
Islam, M. , “Natural Calamities and Environmental Refugees in Bangladesh”, Refuge: Canada’s journal on refugees, vol. 12, no. 1, 1992.
https://doi.org/10.25071/1920-7336.21639
Knox, J. H., “Linking Human Rights and Climate Change at the United Nations”, Harvard Environmental Law Review, vol. 33, 2009.
Kraler, T. Cernei, Noack, M., Climate Refugees-Legal and policy responses to environmentally induced migration, European Parliament, 2011.
Lonergan, S., “The role of environmental degradation in population dis-placement”, Environmental Change and Security Project Report, vol. 4, 1998.
MacDonald, R. St. J., “Solidarity in the Practice and Discourse of Pulic International Law”, Pace International Law Review, vol. 8, 1996.
McGregor, J. "Climate change and involuntary migration: Implications for food security", Food Policy, vol. 19, no. 2, 1994.
https://doi.org/10.1016/0306-9192(94)90065-5
Morrissey, J., "Rethinking the 'debate on environmental refugees' from 'maximalists and minimalists' to 'proponents and critics'", Journal of Political Ecology, University of Oxford, Oxford, vol. 19, 2012.
https://doi.org/10.2458/v19i1.21712
Myers, N., "Environmental refugees in a globally warmed world", BioScience, Oxford University Press, 1993, vol. 43, no. 11.
https://doi.org/10.2307/1312319
Myers, N., "Environmental refugees: a growing phenomenon of the 21st century", The Royal Society, vol. 357, 2002.
https://doi.org/10.1098/rstb.2001.0953
Neuteleers, S., “Environmental Refugees: A Misleading Notion for a Genuine Problem”, Ethical Perspectives, 2011.
Pacifico, P., Ramos, E. P. , “Humanitarian Asylum for Forced Migrants: The Case of Haitians’ Arrival in Brazil”, Exploring the Boundaries of Refugee Law (International Refugee Law Series), vol. 3, 2015.
Ramlogan, R., “Environmental Refugees: a review”, Environmental Conversation, Cambridge University Press, vol. 23, no. 1, 1996.
https://doi.org/10.1017/S0376892900038285
Submission of the Maldives to the OHCHR under Human Rights Council Resolution 7/23, 2008.
Submission of the Maldives to the OHCHR under Human Rights Council Resolution 7/23, 2008.
Suhrke, A., “Environmental degradation and population flows”, Journal of International Affairs, vol. 47, no. 2, 1994.
United Nations, Refugees and Migrants, Definitions, https://refugeesmi-grants.un.org/definitions, visited 18.02.2018.
United Nations High Commissioner for Refugees, 2009 Global Trends, 2010.
United Nations High Commissioner for Refugees, Climate change, Natural Disasters and Human Displacement: A UNHCR Perspective, 2008.
Westing, A., “Environmental refugees: A Growing Category of Displaced Persons”, Environmental Conversation, Cambridge University Press, vol. 19, no. 3, 1992.
https://doi.org/10.1017/S037689290003099X
Wood, W., “Hazardous Journeys: Ecomigrants in the 1990s”, Global Change: How Vulnerable Are North and South Communities? Environmental and Development Monograph Series, 1995.
