Research on the definition and protection of "Environmental Refugees" from the perspective of international refugee law

Hongyin  Chen

doi:10.54691/mz9v7f02

Authors

Hongyin Chen

DOI:

https://doi.org/10.54691/mz9v7f02

Keywords:

Environmental Refugees; International Refugee Law; Protection in international law; Regional cooperation.

Abstract

Global warming has led to a sustained rise in sea levels, severely affecting the living environment of some small island states. This has inevitably led to a particular group called "Environmental Refugees." However, the definition and attribution of this group remain void, leading to a deficiency of its protection under international law. This paper, therefore, uses case and comparative analysis methods to explore the definition and potential protection for "Environmental Refugees" from the perspective of international refugee law. The "Environmental Refugees" concept, with its objective origin, emphasizes the need for international cooperation in providing protection, which is more in line with the core characteristics of this group. Regarding international legal protection, the "Environmental Refugees" concept should be progressively extended to the scope of traditional refugees, clarifying the fundamental principles for determining and hosting this particular group and advocating the "common but differentiated responsibilities" for every host country. Furthermore, international society should promote establishing and improving relief and litigation channels for "Environmental Refugees" within the framework of international refugee law, highlighting the importance of collective action in addressing this issue.

Downloads

Download data is not yet available.

References

[1] Forster, Piers M., et al. "Indicators of Global Climate Change 2022: annual update of large-scale indicators of the state of the climate system and human influence." Earth System Science Data 15.6 (2023): 2295-2327.

[2] Lee, Hoesung, et al. "IPCC, 2023: Climate Change 2023: Synthesis Report, Summary for Policymakers. Contribution of Working Groups I, II and III to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [Core Writing Team, H. Lee and J. Romero (eds.)]. IPCC, Geneva, Switzerland." (2023): 1-34.

[3] Yong, Chen. "Some Perspectives on Several Basic Issues in Studies of Environmental Migration." China Population, Resources and Environment (2009): n. pag.

[4] Yan, Bo."Reflection on Environmentally-forced Migration." International Forum (2006).

[5] Brown, Lester R. "Twenty-Two Dimensions of the Population Problem. Worldwatch Paper 5." (1976).

[6] McGregor, JoAnn. "Climate change and involuntary migration: implications for food security." Food policy 19.2 (1994): 120-132.

[7] Goodwin-Gill, Guy S., and Jane McAdam. "UNHCR and climate change, disasters and displacement." The United Nations Refugee Agency (UNHCR), Geneva, Switzerland (2017).

[8] Docherty, Bonnie, and Tyler Giannini. "Confronting a rising tide: a proposal for a convention on climate change refugees." Harv. Envtl. L. Rev. 33 (2009): 349.

[9] Martin, Susan. "The state of the evidence." Forced Migration Review 49 (2015).

[10] Morrissey, James. "Rethinking the'debate on Environmental Refugees': from'maximilists and minimalists' to'proponents and critics'." Journal of Political Ecology 19.1 (2012): 36-49.

[11] El-Hinnawi, Essam. "Environmental Refugees." (1985): 41-41.

[12] Wennersten, John R., and Denise Robbins, eds. "Rising tides: Climate refugees in the twenty-first century." Indiana University Press, 2017.

[13] Weiss, Kenneth R. "The making of a climate refugee." Foreign Policy 28 (2015).

[14] Stojanovic, Bojan. "The view of the Human Rights Committee in the case of Ioane Teitiota v. New Zealand, and its relevance for international law." Collection Papers Fac. L. Nis 87 (2020): 73.

[15] Zimmermann, Andreas, Jonas Dörschner, and Felix Machts, eds. "The 1951 Convention relating to the status of refugees and its 1967 protocol: A commentary." Oxford University Press, USA, 2011.

[16] Neuteleers, Stijn. "Environmental Refugees: a misleading notion for a genuine problem." Ethical Perspectives 18.2 (2011): 229-248.

[17] Sciaccaluga, Giovanni, and Giovanni Sciaccaluga. "The Role of the UNFCCC and of the Global Compacts for Refugees and Migration." International Law and the Protection of “Climate Refugees” (2020): 145-156.

[18] Robertson, Jake. "Climate Change refugees: the extent New Zealand law Protects Migrants displaced by Climate Change." LLB (Hons) Dissertation, University of Otago (2016).

[19] Klein Solomon, Michele, and Suzanne Sheldon. "The global compact for migration: From the sustainable development goals to a comprehensive agreement on safe, orderly and regular migration." International Journal of Refugee Law 30.4 (2018): 584-590.

[20] Atapattu, Sumudu. "Climate change and displacement: protecting ‘climate refugees’ within a framework of justice and human rights." Journal of Human Rights and the Environment 11.1 (2020): 86-113.

[21] Zhipeng, He, Shenqing Xie. "An inquiry into the international legal competence of States whose territories have been completely submerged by the sea." Oriental Law (2014):82-93.

[22] Fiennes, Leandra. "New Zealand’s Climate Refugee Visa, a framework for positive change." (2019).

[23] Alogna, Ivano, Christine Bakker, and Jean-Pierre Gauci, eds. Climate change litigation: global perspectives. Brill, 2021.

[24] Setzer, J., & Higham, C. (2022). Global trends in climate change litigation: 2022 snapshot.

[25] Convention Governing the Specific Aspects of Refugee Problems in Africa Article 1:(2) The term "refugee" shall also apply to every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.

[26] The Cartagena Declaration on Refugees and the Protection of People Fleeing Armed Conflict and Other Situations of Violence in Latin America, P32-33, Chapter V：The regional refugee definition in the Cartagena Declaration was meant to provide a concise reference point to expand protection while swiftly responding to the growing plight of refugees who did not fulfil the 1951 Convention definition. Proper interpretation of the cause of flight—namely, the prevailing situation in the country of origin and a threat to life, safety or freedom—is key to the appropriate application of the regional refugee definition.

[27] Mingde, Cao. "The Legal Standpoint and Strategy of China to Participate in International Climate Governance: From the Perspective of Climate Justice." China Legal Science 2016(01):29-48.