应对未来气候变化难民潮的国际法改革

Mohamed Mowjoon Athambawa
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引用次数: 0

摘要

随着人们对全球变暖的意识和灾难的认识,“气候变化难民”一词的流行程度急剧增加。气候变化导致大规模被迫移民的预言令人遗憾。一项令人震惊的统计数据显示,到2050年,将有2亿人成为气候变化难民。然而,应对气候变化难民的国际法律体系存在着巨大的缺口。近年来,学术界、法律界和各国政府已经认识到气候变化难民的相关问题,并意识到制定保护气候变化难民的政策对于补救这一类世界人口困境的紧迫性。作为解决这一困境的第一步,学者、律师、政府和所有利益相关者都发现,给气候变化难民这个词下个定义很棘手。因为没有任何一个因素、事件或过程不可避免地导致被迫移徙,而且对“气候变化难民”一词的定义有广泛的变量。不同的理论家对这个术语有不同的定义,以区分新的流离失所者类别。由于环境因素或地震、洪水等自然灾害以及战争、工业事故等人为灾害造成的被迫迁移和流离失所,自宇宙存在以来就一直影响着宇宙。在看国际法律宪法之前,有必要看看环境流离失所者的原因,以便为“气候变化难民”提供完整的保护。本文旨在确定谁是“气候变化难民”,解决气候变化难民困境的国际法律体系的差距,并提出了“气候变化难民”一词的新定义和处理这类人在国际法律体系中的困境的新方法。
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International Law Reform towards the Flood of Future Climate Change Refugees
The popularity of the term “climate change refugees” has been dramatically increasing with the awareness and the disaster of the global warming. The prophecy for mass forced migrations as the consequence of climate change is deplorable. A scandalous statistics revealed that 200 million people would become climate change refugees by 2050. However there is a huge fortification gap in the international legal system which addresses the climate change refugees. Recently academics, lawyers and governments have identified the issues related to climate change refugees and realized the urgency of the formation of policies regarding the protection of the climate change refugees in remedying the plight of this category of the world population. As the first step in handling this dilemma, academics, lawyers, governments and all the stakeholders find it tricky to define the term climate change refugees. Because no one factor, event or process, inevitably results in forced migration and there are a wide range of variables contribute to the definition of the term “climate change refugees”. Different theorists have defined the term differently to distinguish a new category of displaced people. Forced migration and dislocation caused by environmental factors or natural disasters such as earthquakes and floods and man made disasters, such as war and industrial accidents have affected the universe since its existence. Before looking at the international legal constitution, it is necessary to look at the causes of environmentally displaced people in order to offer a complete protection for ‘climate change refugees’. This paper aims to identify who are the ‘climate change refugees’, the gaps in the international legal system which addresses the dilemma of the climate change refugees and proposes a fresh definition for the term “climate change refugees “ and a novel approach for dealing with the plight of this class of people in international legal system.
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