Research On The Dilemma And Outlet Of International Environmental Refugees Protection

With the acceleration of globalization,a series of environmental problems such as climate change,natural disasters and environmental pollution have become prominent,resulting in the emergence of a large number of environmental refugees worldwide.According to the relevant data of the United Nations,the number of displaced persons caused by natural disasters alone is three times that caused by conflicts.Environmental refugees have become an unavoidable global problem.If this group is not given the necessary attention,it may lead to unstable global order.However,there are no legal norms directly related to the protection of international environmental refugees in the field of international law.According to the definition of "refugee" in the 1951 Refugee Convention,international environmental refugees cannot enjoy the same treatment as convention refugees.What kind of status and rights should international environmental refugees enjoy is unknown.Therefore,international environmental refugee protection legislation is imminent,and the international legal status of international environmental refugees needs to be clarified.This study attempts to sort out the status of international environmental refugees and related issues,and draw some regular knowledge.In addition to the introduction and conclusion,this paper is divided into four parts:The first part is an overview of international environmental refugees.The first is to analyze the definition of environmental refugees,and then to conceptually distinguish international environmental refugees from environmental immigrants and environmentally displaced persons,and define the scope of the three.It is considered that the scope of environmental migrants is larger than that of environmental refugees,and the scope of environmental refugees is wider than that of environmental displaced persons.On this basis,the research object of this paper is defined as international environmental refugees.In addition,the classification of international environmental refugees is summarized so that different protection measures can be considered for different types of international environmental refugees when proposing protection solutions.The second part analyzes the dilemma of international environmental refugee protection.By examining the protection practices at the global,regional and national levels,the regional level is particularly focused on the European Union and Africa,while the country selects New Zealand and the United States.Through research on its immigration and refugee related legal system,to reveal the existing problems of international environmental refugee protection in terms of legal status,protection system and protection mechanism.Due to the lack of special conventions in the international community,the legal status of refugees in the international environment is unknown,and the status of refugees,immigrants,and temporary protectors cannot provide comprehensive protection.In aspect of the protection system,there are still problems such as unclear definition of international environmental refugees,unclear principals of responsibility and principle of division of responsibilities,and general protection period.In the aspect of protection mechanism,there is a lack of complete pre-prevention and post-relief mechanism.The third part focuses on the path choice and way out of international environmental refugee protection.First,there are three ways to clarify the legal status of international environmental refugees.At present,signing bilateral or regional agreements is the best way.At this stage,we should focus on bilateral and regional legislation.The second is to solve the problems in the second part of the system and mechanism.Aiming at the problem of definition,this paper summarizes and proposes the feasible definition of international environmental refugees considered in this article.Aiming at the problem of the subject of responsibility and the principle of division of responsibility,it is generally based on the principle of common but differentiated responsibility.The first is the first responsibility of the state,followed by supplementary protection provided by international organizations and other states,and finally the pursuit of responsibility for the wrongful act.Aiming at the lack of protection mechanism,it proposes the establishment of an international environmental refugee pre-prevention system and post-relief mechanism.In the post-relief mechanism,the establishment of the International Environment Refugee Relief Foundation was proposed,and a brief introduction was made on the specific funding sources,institutional settings,and use of funds.The fourth part focuses on the practice and response of international environmental refugees in China.There are many neighboring countries in China,which have a lot of applicable space in accepting and dealing with international environmental refugees.It is found that China’s current legal system has very limited protection for international environmental refugees,and there is no special legislation for refugees in our country.From a practical point of view,China’s position and attitude towards refugees and immigrants is relatively positive,and it attempts to suppress the generation of refugees from the root causes.In view of China’s specific practice and reference to existing foreign experience,this paper puts forward suggestions for responding to international environmental refugees from the aspects of legislation,system construction,and international cooperation.