Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework

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Modarress Sabzevary Sassan; GHARI SEYED FATEMI SEYED MOHAMMAD

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Journal Paper

Paper Information

Journal: JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL) Year:2019 | Volume:20 | Issue:61 Page(s): 169-195

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Information Journal Paper

Title

Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework

Author(s)

Modarress Sabzevary Sassan | GHARI SEYED FATEMI SEYED MOHAMMAD | Issue Writer Certificate

Keywords

Environmental displacementQ1

climate-changeQ1

refugeesQ1

IDPsQ1

Responsibility to ProtectQ1

Abstract

Environmental displacement might come in variety of forms (forced or voluntary; permanent or temporary; and internal or international). Not only is it impossible, but also irrelevant, to categorize displaced persons based on their motives, and separate environmental factors from economic incentives. So, the protection of environmentally displaced persons should be based on their needs and vulnerabilities, rather than their incentives and displacement driving factors. There exists currently no comprehensive internationally-binding instrument to deal with Environmental displacement. Some, have suggested, for this purpose, the extension of 1951 Convention on the Status of refugees. Others have advocated drafting a new convention. We argue that a new convention will not succeed to collect the necessary will and support in the current political arena, where States, more often than not, try to limit their established obligations towards migrants and refugees. On the other hand, any effort to extend the 1951 Convention might endanger the whole refugee protection regime. We suggest that promotion of States obligations to respect and protect human rights in urgent situations, with due consideration of Responsibility to Protect (R2P) developments, could fill-in the protection gap as currently exists vis-a-vis the environmentally displaced populations.

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APA: Copy

Modarress Sabzevary, Sassan, & GHARI SEYED FATEMI, SEYED MOHAMMAD. (2019). Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), 20(61 ), 169-195. SID. https://sid.ir/paper/225200/en

Vancouver: Copy

Modarress Sabzevary Sassan, GHARI SEYED FATEMI SEYED MOHAMMAD. Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework. JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL)[Internet]. 2019;20(61 ):169-195. Available from: https://sid.ir/paper/225200/en

IEEE: Copy

Sassan Modarress Sabzevary, and SEYED MOHAMMAD GHARI SEYED FATEMI, “Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework,” JOURNAL OF PUBLIC LAW (LAW RESEARCH QUARTERLY) (LAW & POLITICS RESEARCH JOURNAL), vol. 20, no. 61 , pp. 169–195, 2019, [Online]. Available: https://sid.ir/paper/225200/en

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