Climate change, disasters, and the refugee convention /
Scott, Matthew, 1978-
Climate change, disasters, and the refugee convention / Matthew Scott, Raoul Wallenberg Institute of Human Rights and Humanitarian Law. - pages cm - Cambridge asylum and migration studies .
Based on author's thesis (doctoral - Lunds universitet Juridiska fakulteten, 2018) issued under title: Refugee status determination in the context of 'natural' disasters and climate change : a human rights-based approach.
Includes bibliographical references and index.
"This book is concerned with refugee status determination in the context of 'natural' disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying epistemological as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the book develops a methodlogy that is theoretically informed by decades of scholarship in disaster risk reduction and doctrinally guided by a human rights-based approach. When disasters are understood as purely reflecting the indiscriminate forces of nature, it is difficult to imagine how a person may establish a well-founded fear of being persecuted, as required by Article 1A(2) of the Refugee Convention. However, when disasters are understood as the consequence of natural hazards interacting with exposed and vulnerable social conditions, the kinds of circumstances in which a person may establish eligibility for recognition of refugee status become much clearer. However, applying the dominant human rights-based approach in the context of disasters and climate change reveals deeply rooted assumptions about the meaning of core elements of the refugee definition, and a recalibrated human rights-based interpretation of general application as developed"--
9781108478229 9781108747127
2019042228
Convention Relating to the Status of Refugees (1951 July 28).
Refugees--Legal status, laws, etc.
Asylum, Right of.
Environmental refugees--Legal status, laws, etc.
Disaster victms--Legal status, laws, etc.
KZ6530 / .S36 2020
341.4/86
Climate change, disasters, and the refugee convention / Matthew Scott, Raoul Wallenberg Institute of Human Rights and Humanitarian Law. - pages cm - Cambridge asylum and migration studies .
Based on author's thesis (doctoral - Lunds universitet Juridiska fakulteten, 2018) issued under title: Refugee status determination in the context of 'natural' disasters and climate change : a human rights-based approach.
Includes bibliographical references and index.
"This book is concerned with refugee status determination in the context of 'natural' disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying epistemological as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the book develops a methodlogy that is theoretically informed by decades of scholarship in disaster risk reduction and doctrinally guided by a human rights-based approach. When disasters are understood as purely reflecting the indiscriminate forces of nature, it is difficult to imagine how a person may establish a well-founded fear of being persecuted, as required by Article 1A(2) of the Refugee Convention. However, when disasters are understood as the consequence of natural hazards interacting with exposed and vulnerable social conditions, the kinds of circumstances in which a person may establish eligibility for recognition of refugee status become much clearer. However, applying the dominant human rights-based approach in the context of disasters and climate change reveals deeply rooted assumptions about the meaning of core elements of the refugee definition, and a recalibrated human rights-based interpretation of general application as developed"--
9781108478229 9781108747127
2019042228
Convention Relating to the Status of Refugees (1951 July 28).
Refugees--Legal status, laws, etc.
Asylum, Right of.
Environmental refugees--Legal status, laws, etc.
Disaster victms--Legal status, laws, etc.
KZ6530 / .S36 2020
341.4/86