The protection of environmentally displaced persons and their right to a healthy and sustainable environment
by Nadia Saba
International Journal of Private Law (IJPL), Vol. 2, No. 1, 2009

Abstract: Over the past decades, more and more people have been displaced as a result of environmental degradation, including natural disasters and long-term development projects. There are few avenues of recourse open to environmentally displaced persons, who have to leave their habitual environment when it is no longer able to support human habitation. Environmentally displaced persons are generally unable to fall within the definition of 'refugee' under the current international law regimes and, as such, cannot seek the protection that is offered under such regimes. In this paper, I submit that there is a need to address the problems that are faced by environmentally displaced persons by considering the root causes of their displacement and ensuring that their right to a clean, healthy and sustainable environment is formally recognised and incorporated into a suitable international legal regime.

Online publication date: Sun, 30-Nov-2008

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