Theoretical and practical legal approach to the problem of protection of environmental displaced

Identifier:  TFM:71

Handle: https://hdl.handle.net/20.500.11797/TFM71

Authors:  Pérez López, David

Abstract:
The problem of environmental refugees has only just begun, becoming a serious global problem, and above the expected emergence of a large number of new environmental refugees in the coming years due to climate change. Missing right now an international instrument or a variety of regional instruments governing this issue globally, providing comprehensive to those who are forced to leave their homes because of environmental degradation protection. This was mainly because, even with a very broad interpretation of the text would be possible, the 1951 Geneva Convention does not allow granting shelter to those displaced by environmental reasons. It is considered vital in the face of the near future the international community tackles this problem head on, understand that can not be extended adopt comprehensive measures to protect the displaced and understand that otherwise a humanitarian crisis on a global scale can unleash due to the waves Environmental displaced without any control can reach some countries, also causing them important security issues. In this sense, the Kampala Convention and constitutes a legislative text including a catalog of rights at the regional level, the Nansen Initiative is offering a forum in which to try to reach an international instrument controller and various academic institutions have prepared authentic instruments law regulating the problem globally in different ways such as the creation of an independent instrument, or incorporate the text as a protocol to the Framework Convention on climate change in relation to the displaced for this reason. The current lack of regulatory legal acts of the situation involves significant problems in the protection of environmental refugees. This is reflected in the defense case 5th Inter-American Sustainable Development Moot-Court Competition in the defense of the displaced had to based on formal grounds seeking the right to non-refoulement.