Harvard Environmental Law Review
Volume 33, Issue 2, 2009, Pages 349-403
Confronting a rising tide: A proposal for a convention on climate change refugees (Conference Paper)
Docherty B.* ,
Giannini T.
-
a
Harvard Law School, Clinical Instructor in Harvard, United States
-
b
[Affiliation not available]
Abstract
The proposal of a new legal instrument to confront the issue of climate change refugees, define them as people whom climate change forces to relocate across national borders. The proposed instrument create obligations to deal with both prevention and remediation of the climate change refugee problem, as it establish guarantees of human rights protections and humanitarian aid for a specific class of people. An independent convention also allows for the instrument to be creatively tailored to the complexity of the problem and to take a broad-based and integrated approach. The study analyzes the limits of the refugee and climate change frameworks and the value of developing a convention that is separate from various legal regimes. The focus was also given to the designing and negotiating the proposed treaty apart from existing legal regimes offers the greatest potential for focusing the international community on the need to alleviate the climate change refugee situation.
Author Keywords
[No Keywords available]
Index Keywords
Link
https://www.scopus.com/inward/record.uri?eid=2-s2.0-70349137149&partnerID=40&md5=afa28a5c5d81636cf03c0cb8ccde177b
ISSN: 01478257
Cited by: 115
Original Language: English