Protecting People displaced by Climate Change : some Conceptual Challenges

TitleProtecting People displaced by Climate Change : some Conceptual Challenges
Publication TypeReport
Year of Publication2010
AuthorsZetter, R
Date Published2010
PublisherHart
Place PublishedOxford etc.
Publication Languageeng
AbstractThis paper explores general obligations of states at the three levels of mitigation, adaptation and protection. The existence and applicability of legal frameworks differ significantly with respect to the character of the movement of persons, and thus depend on whether such movement takes place within the territory of a state or across borders as well as whether it can be considered voluntary or forced. The lack of an agreed terminology is acknowledged as gap. However, this paper does not consider this absence as a real problem and therefore does neither analyse the many existing definitions nor propose new terminology. Rather, in analyzing relevant branches of international law, the paper concludes that three critical legal issues remain unaddressed: (1) criteria to distinguish between voluntary and forced movements, though such distinction is necessary in light of the fact that international law treats them differently; (2) rights related to admittance and stay on foreign territory; (3) the legal situation and rights of persons on foreign territories, i.e. status rights.
NotesRoger Zetter.Climate change and displacement : multidisciplinary perspectives , P. 131-150
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