Study On The Basic Questions Of International Climate Refugees' Legislation

Many countries in the world have not really prepared to deal with the big changes caused by climate change, such as frequent natural disasters(hurricanes, tsunamis, droughts, etc.). However, the impacts of climate change is not limited to the weather and environment, and the adverse effects of climate change, such as the shortage and depletion of resources, and the sinking of islands caused by the sea level rise have forced a lot of human beings to relocate and immigrant, and induced the issues of worldwide climate refugees and climate refugee countries. The emergence of the phenomenon reveals a negative feedback to the human society from global environment, and it will be a big problem in the world in the 21 st century.As a special disadvantaged group, the international climate refugees must obtain relief from the international society. However, the unbalanced effects caused by the climate change reveals that the countries generating climate refugees can't give full relief and in need of the intervention of the international community. International law is an important legal tool to mobilize the international system to take positive action to deal with the international affairs, and the climate refugees should be incorporated into the policy agenda in the world. Based on the research of the existing international legal protection system, we can find that there are many similarities between the climate refugees and other special group, such as traditional refugees, migration and stateless. But because of the target and the limited tools of the traditional international laws, the protection using these mechanisms is very hard to realize. Therefore, in the context of the time of rapidly development in economy and environment, the international rules must face to the future, rather than blindly inertia for the past. We should compare the advantages and disadvantages of the existing international legal tools, and insist on the legislative ideas of system integration and problems connecting, and regard the issue of climate refugees as a problem combing the international climate change adaptation with protection of basic rights of refugees.As a new and problem-oriented academic field of study, international climate refugee law has an integrated feature; therefore it should become independent legislative department of international law. Thus, the establishment of a scientific and rational international climate refugee law has become the inevitable requirement of solving the problem of climate refugees. This paper will comprehensively study the basic legislative problems of the new department of the international law, outline the basic features of the law, and provide some predictions and legislative proposals of the construction of subsequent system. In addition to the introduction and conclusion, the topic focuses on four basic questions. Firstly, this chapter will define the concept of international climate refugee law. The chapter would sequentially define the concept by the existing analysis path in theory, propose new ideas to define the concept, and distinguish different types of international climate refugees according to the country's different situation in the end. Secondly, this paper will discuss the necessity of the international climate refugee law. On the basis of the concept of international climate refugee as defined in the first chapter, this chapter will define the concept of legal norms system of international climate refugee law, and then the analysis of the feasibility and limitations of existing international legal mechanisms can be used to protect the issue of climate refugees. Above all, there is a need to re-build a new system of the international climate refugee law to meet the needs of protecting the climate refugees. Thirdly, this paper will introduce the main content of international climate refugee law including three issues as follows, the legislative model, the fundamental principles and the specific legal system. Finally, the chapter will discuss the basic views and solution that will be used by the China to participate in the affairs of the climate refugees.