Skip to main content Accessibility help
×
Hostname: page-component-77c89778f8-m8s7h Total loading time: 0 Render date: 2024-07-23T02:08:49.032Z Has data issue: false hasContentIssue false

3 - Jurisprudence on the Determination of Refugee Status in the Context of ‘Natural’ Disasters and Climate Change

Published online by Cambridge University Press:  18 January 2020

Matthew Scott
Affiliation:
Raoul Wallenberg Institute of Human Rights and Humanitarian Law
Get access

Summary

This chapter presents the results of a review of jurisprudence relating to refugee status determination in the context of disasters and climate change. A taxonomy of the kinds of circumstances in which a person may establish a well-founded fear of being persecuted for a Convention reason is constructed and relevant cases described. The chapter identifies a number of cases where individuals were recognised as being eligible for refugee status in the context of disasters and climate change. It notes that cases in which disasters and climate change form the backdrop to familiar examples of intentional infliction of harm for a Convention reason were far more successful than cases reflecting other failures of state protection. Significant attention is paid to jurisprudence from the New Zealand Immigration and Protection Tribunal owing to the clear and principled human rights-based methodology it articulates. However, limitations in the human rights-based approach are identified, and these limitations are examined closely in subsequent chapters.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×