Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

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dialnet-ar-18-ART00012769362018-07-27Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophesVieira de Siqueira, Estela CristinaKrupp da Luz, CíceroDireito InternacionalDireitos HumanosDireito SocioambientalrefugeesmigrationenvironmentInternational LawEnvironmental LawDeslocamento Humano AmbientalMigration has attracted increasing attention and it has been a source of concern from academia to politics for the past couple of decades. While mankind faces its biggest migration crisis since World War II, many discussions arise from the complex and intricate dynamics of refuge, considering that the object of study, both human and mobile, has to flee a given area of residence in order for one to protect him or herself from war, persecution and serious violations of human rights. Given the organicity of the theme, and as encompassing as the current concept of refugee might be, there is a special contingent category of migrants that is not yet encompassed by the current notion of who is eligible for refugee status: those who flee environmental catastrophes. On the verge of multiple natural events – such as the case of Haiti and the 2010 earthquake - and some man-made disasters – such as the Samarco dam collapse in Brazil – how to legally address individuals fleeing naturally devastated areas, facing the gap between the legal nature of the status of refugees in international law and the legal nature of environment, in a century named “The Age of Global Warming”? Considering the perspective on climate change for the coming decades, the reshaping of the concept of refugee status is of vital importance, given the increasing population of environmentally displaced persons - an alarming number that has not yet been addressed by the current legal framework. For the present study, we opted for the deductive-analytic research method, using bibliographic research as technique.2018text (article)application/pdfhttps://dialnet.unirioja.es/servlet/oaiart?codigo=6511242(Revista) ISSN 2179-345X(Revista) ISSN 2179-8214Revista de Direito Econômico e Socioambiental, ISSN 2179-8214, Vol. 9, Nº. 1 (janeiro/abril), 2018, pags. 125-141engLICENCIA DE USO: Los documentos a texto completo incluidos en Dialnet son de acceso libre y propiedad de sus autores y/o editores. Por tanto, cualquier acto de reproducción, distribución, comunicación pública y/o transformación total o parcial requiere el consentimiento expreso y escrito de aquéllos. Cualquier enlace al texto completo de estos documentos deberá hacerse a través de la URL oficial de éstos en Dialnet. Más información: https://dialnet.unirioja.es/info/derechosOAI | INTELLECTUAL PROPERTY RIGHTS STATEMENT: Full text documents hosted by Dialnet are protected by copyright and/or related rights. This digital object is accessible without charge, but its use is subject to the licensing conditions set by its authors or editors. Unless expressly stated otherwise in the licensing conditions, you are free to linking, browsing, printing and making a copy for your own personal purposes. All other acts of reproduction and communication to the public are subject to the licensing conditions expressed by editors and authors and require consent from them. Any link to this document should be made using its official URL in Dialnet. More info: https://dialnet.unirioja.es/info/derechosOAI

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Revista de Direito Econômico e Socioambiental, ISSN 2179-8214, Vol. 9, Nº. 1 (janeiro/abril), 2018, pags. 125-141

English

Direito Internacional
Direitos Humanos
Direito Socioambiental
refugees
migration
environment
International Law
Environmental Law
Deslocamento Humano Ambiental

Direito Internacional
Direitos Humanos
Direito Socioambiental
refugees
migration
environment
International Law
Environmental Law
Deslocamento Humano Ambiental
Vieira de Siqueira, Estela Cristina
Krupp da Luz, Cícero
Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

Migration has attracted increasing attention and it has been a source of concern from academia to politics for the past couple of decades. While mankind faces its biggest migration crisis since World War II, many discussions arise from the complex and intricate dynamics of refuge, considering that the object of study, both human and mobile, has to flee a given area of residence in order for one to protect him or herself from war, persecution and serious violations of human rights. Given the organicity of the theme, and as encompassing as the current concept of refugee might be, there is a special contingent category of migrants that is not yet encompassed by the current notion of who is eligible for refugee status: those who flee environmental catastrophes. On the verge of multiple natural events – such as the case of Haiti and the 2010 earthquake - and some man-made disasters – such as the Samarco dam collapse in Brazil – how to legally address individuals fleeing naturally devastated areas, facing the gap between the legal nature of the status of refugees in international law and the legal nature of environment, in a century named “The Age of Global Warming”? Considering the perspective on climate change for the coming decades, the reshaping of the concept of refugee status is of vital importance, given the increasing population of environmentally displaced persons - an alarming number that has not yet been addressed by the current legal framework. For the present study, we opted for the deductive-analytic research method, using bibliographic research as technique.

Article

Vieira de Siqueira, Estela Cristina
Krupp da Luz, Cícero

Vieira de Siqueira, Estela Cristina
Krupp da Luz, Cícero

Vieira de Siqueira, Estela Cristina

Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

Contextualizing Environmental Migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

contextualizing environmental migration: the gap between the legal nature of refuge and environment during the age of global warming and natural catastrophes

2018

https://dialnet.unirioja.es/servlet/oaiart?codigo=6511242

1709747314259656704