On The International Legal Protection Of Environmental Refugees

As the increasing environmental problems,"environmental refugees" is also expanding, the problem of "environmental refugees" has become a global focus. The so-called "environmental refugees" is due to the survival of the natural environment worsening and people had to leave their homes, who later lost the original living environment, their life become more difficult, so called "environmental refugees". According to statistics, there are25million environmental refugees. With the increase of the number of "environmental refugees" in constant, and by2050, the world will have150million "environmental refugees"."Environmental refugees" has become one of the main crisis facing the world, if people do not timely solve the problems of "environmental refugees", the problem will likely impact on the global stability. According to1952Refugee Convention and1967Protocol on the Status of Refugees, refugees on the current international law mainly refers to the political refugees and war refugees. Due to environmental factors, forced migration of population has not been included in the category of international refugees law. However,as global wanning and the increasing deterioration of the environment, the number of such people is becoming more and more big, the problem is becoming more and more serious. In the face of this problem, some scholars call such people "environmental refugees", claiming it should be equal to political refugees, war refugees or similar protection, to a certain degree of development of the existing international law theory. At the same time, because "environmental refugees" is a global problem, through the efforts of a single sovereign state or international organization is hard to solve,which need level of cooperation in international law.Besides the introduction and conclusion, this paper will be divided into five parts:Introduction:it mainly introduces the background and significance of the research> the related research trendsn research methods.The first part:the general theory of "environmental refugees" is introduced in detail. This part, first of all, introduce the concept of "environmental refugees"; secondly, explain the cause of "environmental refugees" from two aspects of natural and social reasons; again discuss the classification of "environmental refugees" from the three aspects; finally, describe the general situation of global "environmental refugees"The second part:basic theory of international legal protection system of "environmental refugees" is summarized. This part, first of all, introduces the subject of the international legal protection system of "environmental refugees"; secondly, this part introduces the principles of international law protection system of "environmental refugees" finally, this part introduces the basic content of "environmental refugees" rights protection system.The third part:the plight of the protection of "environmental refugees" and the significance of its protection are described. First of all, from the defects of the definition of refugees, the main responsibility of "environmental refugees" is not clear, lack of the main responsibility of the international "environmental refugees" benefits compensation mechanism, the lack of international legal protection to "environmental refugees"four aspects,this part describes the plight of protection of the "environmental refugees". Finally, the important significance of protection of "environmental refugees" has carried on the detailed introduction:the promotion and protection of human rights, promote environmental security and even national security, from the economic point of view, not do more harm than good, it conducive to the sustainable development of economy, it is beneficial to strengthen international cooperation, international cooperation and security maintenance.The fourth part:constructing international legal protection of international law of "environmental refugees". Formulating international convention or international legal documents of the protection of "environmental refugees"and signing the areas of bilateral or multilateral treaty of mutual benefit of the protection of "environmental refugees", expanding the definition of the refugees in the international law, determining the responsibility of the country of "environmental refugees"and the common but differentiated responsibility, strengthening international cooperation to accept "environmental refugees", intensifying environmental protection to reduce "environmental refugees" emerging. trends, building prevention and protection mechanism of "environmental refugees", six aspects describe the construction of international legal protection of international law of "environmental refugees"The fifth part:International obligations and its mechanisms for the protection of "environmental refugees" in China. This part introduce from six aspects:the obligation of complying with the principle of non-refoulement, the obligation of giving temporary protection, respect and protect human rights principle of "environmental refugees", build perfect "environmental refugees" human rights law guarantee system, China’s response to international responsibilities of "environmental refugees", establish effective environmental refugee resettlement mode from a legal sense, build the international cooperation mechanism to protect "environmental refugees" Conclusion:this paper analysis that the plight of the protection of "environmental refugees" and the significance of its protection, constructing international legal protection of international law of "environmental refugees", international obligations and its mechanisms for the protection of "environmental refugees" in China. Countries and international organizations to "environmental refugees" problem, need through the form of international cooperation, coordinated way cooperation with each other, mutual cooperation, take necessary measures to solve together.