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Climate change, disasters, and the refugee convention.

By: Material type: TextTextSeries: Cambridge asylum and migration studiesPublication details: United Kingdom : Cambridge University Press, 2020.Description: 184 pISBN:
  • 9781108747127
Subject(s): DDC classification:
  • 341.486 SCO
Summary: "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"--
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Holdings
Item type Current library Call number Status Notes Date due Barcode
Law Reference Book Law Reference Book CMR University - School of Legal Studies 341.486 SCO (Browse shelf(Opens below)) Available Environmental Law LB11774
Law Issue Books Law Issue Books CMR University - School of Legal Studies 341.486 SCO (Browse shelf(Opens below)) Available Environmental Law LB11775

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"--

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