Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework
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....
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2019-03-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_9965_0c2fbb435e80c2c00694013440ac9e4a.pdf |
| _version_ | 1797359444278902784 |
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| author | Sassan Modarress Sabzevary Seyed Mohammad G. Seyed Fatemi |
| author_facet | Sassan Modarress Sabzevary Seyed Mohammad G. Seyed Fatemi |
| author_sort | Sassan Modarress Sabzevary |
| collection | DOAJ |
| description | 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. |
| first_indexed | 2024-03-08T15:17:38Z |
| format | Article |
| id | doaj.art-d14333731b2c4b008bd9cc1276bd208f |
| institution | Directory Open Access Journal |
| issn | 2345-6116 2476-6216 |
| language | fas |
| last_indexed | 2024-03-08T15:17:38Z |
| publishDate | 2019-03-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| spelling | doaj.art-d14333731b2c4b008bd9cc1276bd208f2024-01-10T10:51:18ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162019-03-01206117920710.22054/qjpl.2017.17677.14289965Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal FrameworkSassan Modarress Sabzevary0Seyed Mohammad G. Seyed Fatemi1Shahid Beheshti Universityاستاد دانشکده حقوق دانشگاه شهید بهشتیEnvironmental 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.https://qjpl.atu.ac.ir/article_9965_0c2fbb435e80c2c00694013440ac9e4a.pdfenvironmental displacementclimate-changerefugeesidpsresponsibility to protect |
| spellingShingle | Sassan Modarress Sabzevary Seyed Mohammad G. Seyed Fatemi Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī environmental displacement climate-change refugees idps responsibility to protect |
| title | Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework |
| title_full | Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework |
| title_fullStr | Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework |
| title_full_unstemmed | Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework |
| title_short | Environmentally-Displaced Persons in International Law: Conceptual Ambiguity and the Need for a Legal Framework |
| title_sort | environmentally displaced persons in international law conceptual ambiguity and the need for a legal framework |
| topic | environmental displacement climate-change refugees idps responsibility to protect |
| url | https://qjpl.atu.ac.ir/article_9965_0c2fbb435e80c2c00694013440ac9e4a.pdf |
| work_keys_str_mv | AT sassanmodarresssabzevary environmentallydisplacedpersonsininternationallawconceptualambiguityandtheneedforalegalframework AT seyedmohammadgseyedfatemi environmentallydisplacedpersonsininternationallawconceptualambiguityandtheneedforalegalframework |