The Regime Of National Law On The Protection Of Environmental Refugees

In recent years,the development of global society has accelerated,and the accompanying environmental problems are becoming more and more serious.The deterioration of the environment has led to the living environment is no longer suitable for human.In particular,as the global environment warms,it has led directly to rise of sea levels,posing a devastating and enormous threat to small ocean states like Tuvalu.These circumstances once again pull the issue of environmental migration caused by environmental refugees into view,which has forced us to re-examine the relationship between environment and human beings.The "environmental refugees" caused by environmental factors has become one of the important social problems that all countries have to face,which poses a serious threat to the development of the world economy and culture as well as the national security situation,and also endangers the sustainable development and prosperity of mankind.Since "environmental refugees" were not included in the international refugee legal system,their status was very vague in international law,and existing international law did not provide an accurate and appropriate definition of environmental refugees,resulting in environmental refugees not being able to obtain the same international legal status as traditional refugees and access to legal aid.There are many countries involved in the protection of environmental refugees,and the strength of one country alone is not enough to cope with the crisis.However,the lack of international cooperation and limited protection mechanisms in the practice makes the protection of environmental refugees' rights facing many difficulties.Establishing the legal status of environmental refugees in international law is not only related to the protection of human rights,but also to the improvement and development of international law in order to protect environmental refugees and other similar vulnerable groups more effectively.Therefore,it is necessary to construct scientific and reasonable international environmental refugee law to solve the environmental refugee problem.This article is divided into five parts:The first part is an overview of Environmental Refugee Protection.Environmental refugees still have some academic controversy.First of all,it introduces the emergence of environmental refugees and the concept of environmental refugees.Secondly,it discusses the necessity of providing international protection for "environmental refugees" from threeaspects: protecting human rights,maintaining international peace and security,and assuming international responsibility.The second part analyzes the protection status of environmental refugees.This part mainly discusses the current situation of environmental refugee protection from three aspects:the international law exploration of environmental refugee protection,the practice of environmental refugee damage litigation protection and the dilemma faced by environmental refugee protection.In the third part,on the basis of discussing the present situation of environmental refugees,the author puts forward four feasible modes of environmental refugee protection.At the same time,it analyzes the advantages and disadvantages of different protection modes.The fourth part,based on the above analysis,analyzes the protection model of environmental refugees,draws the best way through the comparison of several models,and puts forward the international law mechanism of environmental refugee protection based on the new convention.From the aspects of prevention mechanism,right safeguard mechanism and implementation safeguard mechanism of environmental refugees,this paper expounds how to construct the international law mechanism of legal protection of "refugees in bad circumstances".The fifth part discusses the strategies of China's participation in environmental refugee protection.Extended to China,based on the previous discussion,and taking into account the national conditions and current situation of our country,and on the basis of discussing the necessity of China's participation in environmental refugee protection,This paper analyzes the basic positions and strategies China should hold on the international environmental refugee protection,and puts forward its own opinions on China's strategy in dealing with the environmental refugee protection.