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Articles 1 - 9 of 9
Full-Text Articles in Law
Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott
Natural Hazards, Human Actors, Serious Harm: Refugee Protection Through Understanding The Social Construction Of Disasters, Matthew Scott
Matthew Scott
The occurrence of a natural hazard event is a necessary, but not sufficient condition for the unfolding of a ‘natural’ disaster. Disasters result when individuals and communities are exposed and vulnerable to natural hazards, such as droughts, floods and earthquakes. In their turn, exposure and vulnerability are social facts that are often closely correlated with discrimination, for example against women, children, older people, persons with disabilities, as well as for reasons of race, religion, nationality or political opinion. Adopting the perspective that sees disasters as socially constructed in this way, the scope of the 1951 Convention relating to the Status …
Förebered För Framtidens Klimatflyktingar Genom Att Fokusera På Nutidens Flyktingar Och Migranter, Matthew Scott
Förebered För Framtidens Klimatflyktingar Genom Att Fokusera På Nutidens Flyktingar Och Migranter, Matthew Scott
Matthew Scott
I presentationen diskuterar jag tre olika former av klimat relaterad migration och flykt och argumenterar för mer fokus på aktuella scenarier, befintliga rättsliga instrument och innovativa politiska lösningar. Om vi fokusera på dagens klimat relaterad migration och flykt, så kommer vi ätt vara bättre förberedda att agera till den förväntade ökningen utan att kompromissa Europas grundläggande principer med militariserade gränsvakter.
A Role For Strategic Litigation, Matthew Scott
A Role For Strategic Litigation, Matthew Scott
Matthew Scott
Strategic litigation to protect internationally displaced persons at risk of disaster-related harm in their home countries can usefully support higher-level protection initiatives.
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, Matthew Scott
Refuge From Climate Change-Related Harm: Evaluating The Scope Of International Protection Within The Common European Asylum System, 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 not been fully explored in practice. In its judgment in Teitiota v Chief Executive of the Ministry of Business Innovation and Employment, the High Court of New Zealand …
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 …
Climate Change, Natural Disasters And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 & 8 Echr?, Matthew Scott
Climate Change, Natural Disasters And Non-Refoulement: What Scope For Resisting Expulsion Under Articles 3 & 8 Echr?, Matthew Scott
Matthew Scott
This presentation sets out in brief the concepts of environmentally-related harm and climate change-related harm, and considers the extent to which individuals fearing such harm can resist expulsion by relying on Articles 3 and 8 of the European Convention on Human Rights. Recognising the limited scope of protection, the presentation summarises some potential arguments for extending the scope of protection by incorporating consideration of the role of anthropogenic climate change in the harm feared.
Taking Responsibility For Climate Change-Related Displacement: Article 8 Of The European Convention On Human Rights And The Proportionality Of Expelling ‘Climate Refugees’, Matthew Scott
Matthew Scott
Climate change is already contributing to the displacement of millions of people worldwide by increasing the frequency and intensity of adverse weather events. Faced with a ‘protection gap’ in the international legal framework, proposals for responding to the phenomenon overwhelmingly rely on the State to act, with limited discussion of the potential to develop the scope of protection through litigation. Recognising the potential for litigation to address immediate protection needs whilst also developing the scope of protection more broadly, this discussion paper advances an interpretation of Article 8 of the European Convention on Human Rights that would require a ‘fair …