The definition and the issue of climate refugees in the light of international law
Keywords:climate refugee, environmental refugee, climate migrant, environmental migrant
As the problem of global warming and subsequent climate change becomes more and more pronounced, causing a lot of difficulties for the communities all over the world, and for the whole humankind as well, the need to focus on some of the aspects of such state off affairs arises among researchers and in the political discourse. Some of the problems that sprung out of the changes in our environment create the need for a new legal solutions, or the need to at least redefine the ones that are already set in place. One of such problems is the phenomenon of „climate refugees”. Droughts, food insecurity, degradation of drinking water, rising sea levels, storm surges and infectious diseases, all of which could be linked (directly or indirectly) to the changes brought about by the global warming and all of those can be reasons that could force people out of their habitual homes in search of better living conditions, and even due to the need to save their health and life. Having that in mind, this article raises the issue of so called climate refugees, people displaced due to the negative changes taking place in the environment, which, based on scientific reports, may be related to the negative impact of a human activity, both of sudden and long-term occurrence. The text presents proposals for defining the discussed phenomenon and addresses the issue of the lack of an appropriate legal framework regulating the discussed topic in the UN and on the EU level.
Apap, J. (2019). The concept of „climate refugee”. Towards a possible definition. European Parliamentary Research Service, PE 621.893. Retrieved from https://www.europarl.europa.eu/RegData/etudes/BRIE/2018/621893/EPRS_BRI(2018)621893_EN.pdf.
Brown, O. (2018). Migration and Climate Change. Geneva: International Organisation for Migration.
Convention relating to the Status of Refugees adopted on 28 July 1951 by the United Nations Conference of Plenipotentiaries on the Status of Refugees and Stateless Persons. Office of the High Commissioner for Human Rights. Retrieved from https://www.unhcr.org/3b66c2aa10.
COP25 (2019). Key Messages and commitments on Climate change and disaster displacement. Madrid: United Nations Climate Change Conference COP25.
Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof, Official Journal of the European Communities L 212/12 of 7.8.2001.
Deshwal, V.S., & Shrivastava, S. (2019). The Curious Case of Environmental Refugees: Environmental Refugees May be Better Protected Without Being Declared as „refugees”. OIDA International Journal of Sustainable Development, 12(11), 31-42. Retrieved from https://ssrn.com/abstract=3571737.
Docherty, B., & Giannini, T. (2009). Confronting a Rising Tide: A Proposal for a Convention on Climate Change Refugees. Harvard Environmental Law Review, 33(2), 349-403. Retrieved from https://climate.law.columbia.edu/sites/default/files/content/5c3e836f23a774ba2e115c36a8f72fd3e218.pdf.
Guterres, A. (2009). Climate Change, Natural Disasters and Human Displacement: a UNHCR perspective. UNHCR. Retrieved December 19, 2020 from https://www.refworld.org/pdfid/4a8e4f8b2.pdf.
Lear-Arcas, R. (2012). Climate migrants: Legal options. Procedia - Social and Behavioral Sciences, 37, 86-96. https://doi.org/10.1016/j.sbspro.2012.03.277.
Merone, L., & Tait, P. (2018). „Climate refugees”: is it time to legally acknowledge those displaced by climate disruption? Australian and New Zealand Journal of Public Health, 42(6), 508-509. https://doi.org/10.1111/1753-6405.12849.
NASA (n.d.). Overview: Weather, Global Warming and Climate Change. Retrieved December 27, 2020 from: https://climate.nasa.gov/resources/global-warming-vs-climate-change/.
Osóbka, P. (2018). The problem of „climate refugees” in view of international humanitarian law - selected issues. Studia z zakresu nauk prawnoustrojowych. Miscellanea, 8(2), 157-172. https://doi.org/10.5604/01.3001.0013.0368.
Podesta, J. (2018, July). The climate crisis, migration, and refugees. Brookings. Retrieved December 10, 2020 from https://www.brookings.edu/research/the-climate-crisis-migration-and-refugees/.
Tedenljung, A. (2020). Climate Change and Forced Migration. How Climate Refugees fit into EU Asylum Law. Master Thesis in Human Rights. Uppsala: Uppsala Universitet. Retrieved from http://uu.diva-portal.org/smash/get/diva2:1436518/FULLTEXT01.pdf.
UN (2018). Global Compact on Refugees. New York: United Nations. Retrieved from https://www.unhcr.org/5c658aed4.pdf.
UNHCR (2010). Introductory Note by the Office of the United Nations High Commissioner for Refugees (UNHCR) to the 1951 Convention Relating to the Status of Refugees. In Convention and Protocol Relating to the Status of Refugees (pp. 1-5). Geneva: UNHCR. Retrieved from https://www.unhcr.org/3b66c2aa10.
UNHCR (2019). Climate change and disaster displacement in the Global Compact on Refugees. Geneva: United Nations High Commissioner for Refugees.
UNHCR (n.d.). Climate Change and disaster displacement. Retrieved December 23, 2020 from https://www.unhcr.org/climate-change-and-disasters.html.
Ziemann, L. (2014). Low Tide for Climate Refugees - Legal Recognition of Environmental Migrants in the European Union. In B.G. Martin (Ed.), European Environments: How a New Climate is Changing the Old World (pp. 110-120). Uppsala: Euroculture IP Publication. Retrieved from https://pure.rug.nl/ws/portalfiles/portal/37524545/IP_publication_2014_5F.pdf.
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