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Exploring The Protection Of International Refugees In Environmental Refugees

Posted on:2016-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:H L YangFull Text:PDF
GTID:2356330512475890Subject:International law
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With the deepening of the global ecological crisis,global warming,biodiversity loss,marine pollution and other global environmental problems gradually prominent,displaced persons that caused by environmental reasons as a special group of persons,environmental refugees gradually come into our vision,and increasing their number and size with the deterioration of the global environmental problems.According to statistics,the number of global environmental refugees has reached 50 million in 2010,and by 2050 the number of global environmental refugees will reach staggering almost 150 million.environmental refugees from the majority of the less developed countries and developing countries such as Africa,India,Mexico and so on,will occupy a great proportion of all environmental refugees.Everyone of the environmental refugees are facing poverty,disease,famine,violence and other threats,and even losing their lives.However,the definition of refugees under the 1951"Convention on the Status of Refugees"was:A refugee is any person who:owing to well-founded fear of being persecuted for reasons of race,religion,nationality,membership of a particular social group or political opinion,is outside the country of his nationality and is unable or,owing to such fear,is unwilling to avail himself of the protection of that country;or who,not having a nationality and being outside the country of his former habitual residence as a result of such events,is unable or,owing to such fear,is unwilling to return to it.This is the definition of traditional refugees or"The refugees of the convention".By comparing the definition of environmental refugees and traditional refugees,environmental refugees are not protected as"The refugees of the convention".Protection of environmental refugees in international law is not perfect,and the status of refugees are not generally recognized by the international community,thus making their development rights to subsistence and other basic human rights are not properly protected,the situation is very grim.Basing on such a grim backdrop,we discuss the protection of environmental refugees in international law.Firstly,setting a clear definition of environmental refugees,making a statement of their current situation,and summarizing their causes in the first part;Secondly,analyzing the existing deficiencies of the protection of environmental refugees in international law in the second part.Finally,analyzing the feasibility of many proposals that scholars from china and foreign countries proved to improve the protection of environmental refugees in international law based on the discussion and the analysis above.,I make the following three recommendations:establishing an unified international environmental refugees convention,establishing bilateral or regional treaties,establishing an international environmental refugees Foundation in the third part.I called for such a system of the protection of environmental refugees in international law:establishing an unified international environmental refugees convention as model,include the basic content of the protection of environmental refugees;establishing bilateral or regional treaties as branches of the international environmental refugees convention above,enrich the content of the convention;establishing an international environmental refugees Foundation as a fund-raising and enforcement agencies of the international environmental refugees convention above,in order to solve the financial problems of the convention faced in protecting the environmental refugees.
Keywords/Search Tags:environmental refugees, the rights of environmental refugees, international environmental refugees convention, international environmental refugees Foundation
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