Strani pravni život (Jan 2019)
Refugees and environmental changes in the international law
Abstract
The aim of the paper is to examine the position of refugees, those who expelled due to the changes in the state of the environment ("environmental refugees"). The first part of the paper provides a general overview of the legal framework that regulates the position of refugees in international refugee law. The provisions contained in the Convention relating to the Status of Refugees (1951) with the Protocol (1967) are analysed. The emphasis is put on the issue of regulating the position of refugees whose reasons for refuge could be attributed to the changes in the environment. The second part of the paper is dedicated to examining the relevant provisions of the international environmental law from the point of view of how this part of the norms of international law relates to the issue of forced migration. The paper also refers to the provisions of the two most recent international documents of potential significance for refugees and the environment (Draft Global Compact for Safe, Orderly and Regular Migration, 2019, and the Draft Global Pact for the Environment, 2017). In conclusion, the need for a clearer regulation of the position of refugees is highlighted through appropriate amendments to both areas of international law: international refugee law and international environmental law.
