ENVIRONMENTAL REFUGEES IN THE CONTEXT OF GLOBAL WARMING: AN ANALYSIS OF THE IOANE TEITIOTA CASE AND THE INTERNATIONAL PROTECTION OF HUMAN RIGHTS
DOI:
https://doi.org/10.5935/2317-2622/direitomackenzie.v15n114553Abstract
The objective of this work is to analyze the international protection of
environmental refugees: a category of migrants named because of their move
because of the risk and vulnerability situations in which they found themselves
in their place of origin, motivated by climate change. Particular attention is due
to the case of Ioane Teitiota, an inhabitant of Kiribati who denied environmental
refugee status by the New Zealand High Court of Justice, which later recognized
by the United Nations, and a thorough examination of the reasons is made for
the refusal and the need for international legal security and guarantee of human
rights. With the discussion on the legal regime applicable to people who resort
to migration, the difficulty in creating a specific regulatory instrument for environmental
refugees motivated by the global warming evidenced. For that, the deductive-hypothetical research method used, through the exposition of doctrinal
and jurisprudential positions.
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