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Full-Text Articles in Law
Natural Disasters, Climate Change And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 And 8 Of The European Convention On Human Rights?, Matthew Scott
Matthew Scott
Climate change is already contributing to the displacement of millions of people worldwide as extreme weather events become increasingly frequent and intense. Proposals for responding to the phenomenon of climate change-related displacement overwhelmingly rely on the state to act, with limited discussion of the potential to determine and develop the scope of protection through strategic litigation. This article considers the current and potential scope of protection under articles 3 and 8 of the European Convention on Human Rights (ECHR) from a strategic litigation perspective. Individuals facing expulsion from a European host state to a receiving state during or in the …
Observations From The Pilot Study On The Practice And Perspectives Of Lawyers In The United Kingdom And Sweden Regarding Protection From Environmentally Related Harm In An Era Of Climate Change, Matthew Scott
Matthew Scott
A total of nine semi-structured interviews were carried out between November 2013 and April 2014 with senior lawyers specialising in asylum and immigration law in the United Kingdom and Sweden enquiring into their perspectives and practice around the issue of environmentally related cross border displacement. The pilot study suggests that lawyers in Sweden and the United Kingdom are not routinely involved in seeking international protection for individuals who may be at risk of being exposed to environmentally related harm if returned to their countries of origin or habitual residence, although some 'pathways to protection' were identified. I suggest that lawyers …
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Following New Zealand’S Teitiota Judgment, Matthew Scott
Matthew Scott
Extreme weather events have the potential to cause serious harm and can contribute to displacement. Such events are expected to increase in frequency and/or intensity as a consequence of climate change. It is therefore of concern that there is widely considered to be a protection gap when affected individuals cross an international border. However, apart from a handful of cases in Australia and New Zealand, the contours of this perceived gap have seldom been tested in practice. Most recently, the High Court of New Zealand in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment described a …