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Dergiler / Insight Turkey / 2021 / Cilt: 23 - Sayı: 03

The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees

Burak GÜNEŞ
Bengü ÇELENK
Sayfa
209–231
Yayın Tarihi
2022-10-19
DOI
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⚡ TL;DR(1 Cümlede Hızlı Çıkarım)

In this paper, we will claim that the legal mind fights a battle that eventually ends up with a deadlock due to the very structure of modern law.

📌 3 Maddede Bu Makale

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Amaç & Hipotez:This paper aims to lay out the challenges and potentially fatal conflicts inherent in the emerging attempts to respect state sovereignty while crafting progressive and truly responsive sets of approaches to a sui generis global problem like the climate crisis.
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Temel Bulgular & Veri:It examines general approaches and practices on climate refugees within the scope of a critical legal framework, taking as an example the ‘Ioane Teitiota’ case that attracted public attention as an international issue starting in 2013.
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Sonuç & Katkı:In this paper, we will claim that the legal mind fights a battle that eventually ends up with a deadlock due to the very structure of modern law.
🔬Tür:Araştırma Makalesi
📍Kapsam:2013 Verileri
⚙️Değişkenler:Alan Parametreleri

Abstract

This paper aims to lay out the challenges and potentially fatal conflicts inherent in the emerging attempts to respect state sovereignty while crafting progressive and truly responsive sets of approaches to a sui generis global problem like the climate crisis. It examines general approaches and practices on climate refugees within the scope of a critical legal framework, taking as an example the ‘Ioane Teitiota’ case that attracted public attention as an international issue starting in 2013. In addition, we will examine from a legal viewpoint and with an eye to future consequences, the January 2020 United Nations’ historical decision on climate refugees. We adopt Martti Koskennimi’s terms, ascending and descending justifications, to show the oscillation that the legal mind experiences in between order and will. In this paper, we will claim that the legal mind fights a battle that eventually ends up with a deadlock due to the very structure of modern law.

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Bu Makaleye Atıf Yap

GÜNEŞ, B., ÇELENK, B. (2022). The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. Insight Turkey, Cilt: 23 - Sayı: 03, 209–231. https://ajindex.com/articles/538547

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Kaynakça (4)

  1. “Climate Change and Disaster Displacement,” UNCHR, (2018), retrieved March 29, 2020, from https:// www.unhcr.org/climate-change-and-disasters.html. 2. “Internal Displacement from January to June 2019,” IDMC, (September 12, 2019), retrieved March 10, 2020, from https://www.internal-displacement.org/sites/default/files/inline-files/2019-mid-year-figures_for%20website%20upload.pdf. 3. “Internal Displacement from January to June 2019,” p. 7. 4. Norman Myers, ‘’Environmental Refugees: A Growing Phenomenon of the 21st Century,’’ Philosophical Transactions of the Royal Society of London, Series B: Biological Sciences, Vol. 357, No. 1420 (2002), p. 609. 5. “Disaster Displacement: A Global Review, 2008-2018,” IDMC, (May 2019), retrieved April 5, 2020, from https://www.internal-displacement.org/sites/default/files/publications/documents/201905-disaster-displacement-global-review-2008-2018.pdf. 6. The term ‘Anthropocene’ was firstly introduced by Crutzen, a Nobel Prize-winner and Atmospheric Chemist, in 2006.
  2. For more information see, Paul. J. Crutzen, “The ‘Anthropocene,’” in Eckart Ehlers and Thomas Krafft (eds.), Earth System Science in the Anthropocene, (Berlin, Heidelberg: Springer, 2006) pp. 13-18. 7. International Commission on Stratigraphy’s (ICS) primary objective is to precisely define global units (systems, series, and stages) of the International Chronostratigraphic Chart that, in turn, are the basis for the units (periods, epochs, and age) of the International Geologic Time Scale; thus, setting global standards for the fundamental scale for expressing the history of the Earth. For more details see, http:// www.stratigraphy.org/. In 2009, Anthropocene Working Group (AWG) was founded under the Sub commission on Quaternary Stratigraphy (SQS) which is a constituent body of International Commission on Stratigraphy (ICS). The aims of AWG are to provide scientific evidence and give opinion about whether the Anthropocene era has started or not. They presented a positive opinion in 2019 but ICS has not approved yet. For more details see, http://quaternary.stratigraphy.org/working-groups/anthropocene/ and http://quaternary.stratigraphy.org/.
  3. For the debate see, Paul. J. Crutzen, “The ‘Anthropocene,’” in Ehlers and Krafft (eds.), In Earth System Science in the Anthropocene, pp. 13-18; Simon L. Lewis and Mark A. Maslin, “Defining the Anthropocene,” Nature, Vol. 519, No. 7542 (2015), pp. 171-180;
  4. Will Steffen, Jacques Grinevald, Paul Crutzen, and John McNeill, “Th