| Description |
1 online resource (1 volume) |
| Series |
Cambridge asylum and migration studies |
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Cambridge asylum and migration studies.
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| Contents |
Cover -- Half-title -- Series information -- Title page -- Copyright information -- Contents -- List of Figures -- Series Editor's Preface -- Acknowledgements -- Note on the Text -- Table of Cases -- Table of Treaties and Other International and Regional Instruments -- List of Abbreviations -- 1 Introduction -- 1.1 Introduction -- 1.2 The Dominant View -- 1.3 A Different Perspective -- 1.4 Structure of the Book -- 2 Two Disaster Paradigms -- 2.1 What Is a Disaster? -- 2.2 The Hazard Paradigm -- 2.3 The Social Paradigm -- 2.3.1 Vulnerability -- 2.3.2 The Pressure and Release Model |
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2.3.3 Definition -- 2.3.4 Discrimination -- 2.3.5 Structural Violence -- 3 Jurisprudence on the Determination of Refugee Status in the Context of 'Natural' Disasters and Climate Change -- 3.1 Methodology -- 3.2 Basic Principles of International Refugee Law -- 3.2.1 Well-Founded Fear -- 3.2.2 . . . of Being Persecuted -- 3.2.3 . . . for Reasons of -- 3.2.3.1 Motivation -- 3.2.3.2 Standard of Causation -- 3.2.4 . . . Race, Religion, Nationality, Membership of a Particular Social Group, or Political Opinion -- 3.2.5 Internal Relocation -- 3.3 Structure of the Review |
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3.4 Disasters and Climate Change Are Peripheral to the Majority of Claims in the Review -- 3.5 Category 1: Indiscriminate Adversity due to the Forces of Nature -- 3.6 Category 2: Direct and Intentional Infliction of Harm -- 3.6.1 The State Intentionally Causing Environmental Damage in Order to Harm a Particular Group -- 3.6.2 Crackdowns on (Perceived) Dissent Relating to the Causes and/or Management of Environmental Degradation or Disasters -- 3.6.3 Discriminatory Denial of Disaster Relief -- 3.7 Category 3: Other Failures of State Protection -- 3.7.1 Ex post Failures of State Protection |
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3.7.2 Ex ante Failures of Protection -- 3.7.3 Combined Ex post and Ex ante Claims -- 3.8 Unresolved Doctrinal Issues Arising from the Review -- 4 Interpreting the Refugee Definition -- 4.1 The Unitary Character of the Refugee Definition -- 4.2 The Relevance of International Human Rights Law to the Interpretation of Being Persecuted -- 4.3 The Methodology Prescribed by the VCLT -- 5 The Temporal Scope of Being Persecuted -- 5.1 Being Persecuted from the Perspective of the 'Event Paradigm' -- 5.2 The 'Well-Founded Fear' Element as Risk Assessment |
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5.3 Why a Predicament Approach to Determining the Existence of a Well-Founded Fear of Being Persecuted Is Appropriate -- 6 The Personal Scope of Being Persecuted: The Function of the Non-discrimination Norm within the Refugee Definition -- 6.1 The Non-discrimination Norm -- 6.2 The Non-discrimination Norm in International Refugee Law -- 6.2.1 The Non-discrimination Norm Reflected in the Nexus Clause -- 6.2.2 The Non-discrimination Norm Reflected in the Notion of Being Persecuted -- 6.3 Discrimination as an Inherent Feature of Being Persecuted |
| Summary |
"This book is concerned with refugee status determination in the context of 'natural' disasters and climate change. Considering evidence that the legal predicament of people who seek recognition of refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifying epistemological as well as doctrinal impediments to a clear and principled application of international refugee law in this connection, the book develops a methodlogy that is theoretically informed by decades of scholarship in disaster risk reduction and doctrinally guided by a human rights-based approach. When disasters are understood as purely reflecting the indiscriminate forces of nature, it is difficult to imagine how a person may establish a well-founded fear of being persecuted, as required by Article 1A(2) of the Refugee Convention. However, when disasters are understood as the consequence of natural hazards interacting with exposed and vulnerable social conditions, the kinds of circumstances in which a person may establish eligibility for recognition of refugee status become much clearer. However, applying the dominant human rights-based approach in the context of disasters and climate change reveals deeply rooted assumptions about the meaning of core elements of the refugee definition, and a recalibrated human rights-based interpretation of general application as developed"-- Provided by publisher |
| Notes |
Based on author's thesis (doctoral - Lunds universitet Juridiska fakulteten, 2018) issued under title: Refugee status determination in the context of 'natural' disasters and climate change : a human rights-based approach |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Description based on online resource; title from digital title page (viewed on January 23, 2020) |
| SUBJECT |
Convention Relating to the Status of Refugees (1951 July 28) http://id.loc.gov/authorities/names/no92016709
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Convention Relating to the Status of Refugees (1951 July 28) fast |
| Subject |
Refugees -- Legal status, laws, etc.
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Asylum, Right of.
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Environmental refugees -- Legal status, laws, etc
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Disaster victims -- Legal status, laws, etc
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Disaster victims -- Legal status, laws, etc.
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Asylum, Right of
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Refugees -- Legal status, laws, etc.
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| Form |
Electronic book
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| LC no. |
2019042229 |
| ISBN |
9781108784580 |
|
1108784585 |
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