Part VII Inter-linkages with Other Regimes, Ch.46 Migration

2021 ◽  
Author(s):  
Kälin Walter
Keyword(s):  
Environmental Law ◽  
Human Mobility ◽  
Forced Migration ◽  
Environmental Drivers ◽  
Conservation Areas ◽  
Populations At Risk ◽  
Relevant Role ◽  
And Migration ◽  
International Instruments ◽  
The Relationship

This chapter investigates the relationship between environmental law and migration law, which traditionally have had little in common and rarely interacted. Their respective subject matters are increasingly reflected as integrated issues in international instruments alongside the growing recognition that environmental factors are important drivers of forced migration as well as predominantly voluntary migration. The chapter argues that environmental law has a relevant role to play in addressing these challenges despite the fact that they are primarily within the purview of migration and human rights law. In particular, it can contribute to addressing environmental drivers of migration and mitigate displacement risks by reducing natural hazards and enhancing the resilience of populations at risk as well as dealing with environmental consequence of such human mobility. On the negative side, environmental law may contribute to forcing people out of conservation areas, unless it provides for measures mitigating such effects of environmental protection.

scholarly journals THE TRANSNATIONAL INSTITUTIONAL DIALOGUE IN BELO MONTE CASE

2015 ◽  
Vol 14 (2) ◽  
Author(s):  
Luis Cláudio Martins De Araújo
Keyword(s):  
John Rawls ◽  
International System ◽  
Environmental Law ◽  
Global Environmental Problems ◽  
Global Environmental ◽  
The Supreme Court ◽  
The Right ◽  
International Instruments ◽  
The Relationship ◽  
Belo Monte

This article aims to discuss the relationship between the Supreme Court of Brazil and the Inter-American Commission on Human Rights, especially in Belo Monte Dam Case, bearing in mind that whendisagreements occur States must cooperate to avoid transboundary or global environmental problems. The classic concepts of nation-state sovereignty resulted from the Peace of Westphalia in 1648 and the permanent Sovereignty over Natural Resources based on territorial integrity and the right to self-determination and non-intervention of theStates is guaranteed by the main international instruments. Similarly, the International Environmental Law, structured on the unquestionableright of an ecological balance, is a standard to be followed by the international community to guarantee that environmental damages do not cause harm to areas beyond the limits of the State. Thus theStates have the sovereign right over it owns resources, but have also the responsibility to ensure the environment protection. Therefore, this essay intends to demonstrate, particularly under the influence of Jeremy Waldron, Rosalind Dixon, John Rawls and Jürgen Habermas conceptions, that in the Belo Monte Dam Case, the dialogue betweenDomestic and International institutions according to the international cooperation is mandatory to guarantee coherence and unity to the new millennium international system.

scholarly journals Friendship and internal migration in Brazil: Vulnerability and coping

2017 ◽  
Vol 11 (Supp1) ◽  
pp. 47-56
Author(s):  
Agnaldo Garcia ◽  
Tayssa Grassi Rodrigues ◽  
Lorena Schettino Lucas ◽  
Daniela Marisol Pérez-Angarita
Keyword(s):  
Internal Migration ◽  
The State ◽  
The North ◽  
Relevant Role ◽  
Internal Migrants ◽  
Place Of Origin ◽  
And Migration ◽  
And Coping ◽  
Social Importance ◽  
The Relationship

Friendship has been investigated in the context of international migration, but little is known about the subject in relation to internal migration, a phenomenon of great social importance in Brazil. The purpose of this article is to present and discuss data obtained in an investigation on the relations between internal migration and friendship as perceived by citizens from the state of Espírito Santo who were living in other states of Brazil, in the North, Northeast, Midwest, South and Southeast regions. Twenty adults born in the state and who had migrated to another Brazilian state participated in the investigation. The participants have been interviewed about how they perceived the relationship between friendship and migration and the data were subjected to thematic content analysis. Among the results difficulties to maintain friendships with people of the place of origin as well as difficulties in forming new friendships were observed. Friends were considered relevant for adaptation to the new state, affecting the perception of the same. The article also discusses the origin of friends, the perception of cultural differences and difficulties to make friends in another state. It is concluded that friends play a relevant role in the lives of Brazilian internal migrants and further investigations are necessary.

Syrian Crisis and Migration

2015 ◽  
Vol 12 (3) ◽  
pp. 181-192 ◽  
Author(s):  
Pinar Yazgan ◽  
Deniz Eroglu Utku ◽  
Ibrahim Sirkeci
Keyword(s):  
Human Mobility ◽  
Special Issue ◽  
Host Countries ◽  
Syrian Crisis ◽  
Mass Migration ◽  
Large Numbers ◽  
And Migration ◽  
Europe Today ◽  
The Impact ◽  
Near Future

With the growing insurrections in Syria in 2011, an exodus in large numbers have emerged. The turmoil and violence have caused mass migration to destinations both within the region and beyond. The current "refugee crisis" has escalated sharply and its impact is widening from neighbouring countries toward Europe. Today, the Syrian crisis is the major cause for an increase in displacement and the resultant dire humanitarian situation in the region. Since the conflict shows no signs of abating in the near future, there is a constant increase in the number of Syrians fleeing their homes. However, questions on the future impact of the Syrian crisis on the scope and scale of this human mobility are still to be answered. As the impact of the Syrian crisis on host countries increases, so does the demand for the analyses of the needs for development and protection in these countries. In this special issue, we aim to bring together a number of studies examining and discussing human mobility in relation to the Syrian crisis.

Credit constraints and Rural Migration: Evidence from Six Villages in Uttar Pradesh

2018 ◽  
Vol 15 (3) ◽  
pp. 389-398
Author(s):  
Ruchi Singh
Keyword(s):  
Credit Constraints ◽  
Uttar Pradesh ◽  
Binary Logistic Regression ◽  
Binary Logistic Regression Model ◽  
Male Migration ◽  
Rural Economies ◽  
And Migration ◽  
The Relationship ◽  
The Empirical Analysis

Rural economies in developing countries are often characterized by credit constraints. Although few attempts have been made to understand the trends and patterns of male out-migration from Uttar Pradesh (UP), there is dearth of literature on the linkage between credit accessibility and male migration in rural Uttar Pradesh. The present study tries to fill this gap. The objective of this study is to assess the role of credit accessibility in determining rural male migration. A primary survey of 370 households was conducted in six villages of Jaunpur district in Uttar Pradesh. Simple statistical tools and a binary logistic regression model were used for analyzing the data. The result of the empirical analysis shows that various sources of credit and accessibility to them play a very important role in male migration in rural Uttar Pradesh. The study also found that the relationship between credit constraints and migration varies across various social groups in UP.

Two Gambling Women

2012 ◽  
Vol 5 (1) ◽  
pp. 39-49
Author(s):  
Tzu-Hui Chen
Keyword(s):  
Lived Experiences ◽  
Personal Experience ◽  
Cultural Context ◽  
Cross Cultural ◽  
Immigrant Population ◽  
The Other ◽  
Mail Order ◽  
Foreign Brides ◽  
And Migration ◽  
The Relationship

This narrative aims to explore the meaning and lived experiences of marriage that a unique immigrant population—“foreign brides” in Taiwan—possesses. This convergence narrative illustrates the dynamics and complexity of mail-order marriage and women's perseverance in a cross-cultural context. The relationship between marriage, race, and migration is analyzed. This narrative is comprised of and intertwined by two story lines. One is the story of two “foreign brides” in Taiwan. The other is my story about my cross-cultural relationship. All the dialogues are generated by 25 interviews of “foreign brides” in Taiwan and my personal experience.

Protecting Natural Resources

2018 ◽  
Author(s):  
Jérémie Gilbert
Keyword(s):  
Climate Change ◽  
Human Rights ◽  
Natural Resources ◽  
Environmental Law ◽  
Legal Framework ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Conservation Of Natural Resources ◽  
The Relationship ◽  
Do So

This chapter focuses on the connection between the international legal framework governing the conservation of natural resources and human rights law. The objective is to examine the potential synergies between international environmental law and human rights when it comes to the protection of natural resources. To do so, it concentrates on three main areas of potential convergence. It first focuses on the pollution of natural resources and analyses how human rights law offers a potential platform to seek remedies for the victims of pollution. It next concentrates on the conservation of natural resources, particularly on the interconnection between protected areas, biodiversity, and human rights law. Finally, it examines the relationship between climate change and human rights law, focusing on the role that human rights law can play in the development of the current climate change adaptation and mitigation frameworks.

AI and Migration Management

2020 ◽  
pp. 768-787
Author(s):  
Petra Molnar
Keyword(s):  
Human Rights ◽  
New Technologies ◽  
Forced Migration ◽  
Fundamental Rights ◽  
International Human Rights Law ◽  
Privacy Rights ◽  
International Regulation ◽  
Development Technology ◽  
And Migration ◽  
The Right

This chapter focuses on how technologies used in the management of migration—such as automated decision-making in immigration and refugee applications and artificial intelligence (AI) lie detectors—impinge on human rights with little international regulation, arguing that this lack of regulation is deliberate, as states single out the migrant population as a viable testing ground for new technologies. Making migrants more trackable and intelligible justifies the use of more technology and data collection under the guide of national security, or even under tropes of humanitarianism and development. Technology is not inherently democratic, and human rights impacts are particularly important to consider in humanitarian and forced migration contexts. An international human rights law framework is particularly useful for codifying and recognizing potential harms, because technology and its development are inherently global and transnational. Ultimately, more oversight and issue specific accountability mechanisms are needed to safeguard fundamental rights of migrants, such as freedom from discrimination, privacy rights, and procedural justice safeguards, such as the right to a fair decision maker and the rights of appeal.

scholarly journals Climate Mobility and Development Cooperation

2021 ◽  
Author(s):  
Robert Stojanov ◽  
Sarah Rosengaertner ◽  
Alex de Sherbinin ◽  
Raphael Nawrotzki
Keyword(s):  
Climate Adaptation ◽  
Human Mobility ◽  
Climate Impacts ◽  
Development Cooperation ◽  
Climate Variability And Change ◽  
Policy Frameworks ◽  
And Migration ◽  
And Function ◽  
Role And Function

AbstractDevelopment cooperation actors have been addressing climate change as a cross-cutting issue and investing in climate adaptation projects since the early 2000s. More recently, as concern has risen about the potential impacts of climate variability and change on human mobility, development cooperation actors have begun to design projects that intentionally address the drivers of migration, including climate impacts on livelihoods. However, to date, we know little about the development cooperation’s role and function in responding to climate related mobility and migration. As such, the main aim of this paper is to outline the policy frameworks and approaches shaping development cooperation actors’ engagement and to identify areas for further exploration and investment. First, we frame the concept of climate mobility and migration and discuss some applicable policy frameworks that govern the issue from various perspectives; secondly, we review the toolbox of approaches that development cooperation actors bring to climate mobility; and third, we discuss the implications of the current Covid-19 pandemic and identify avenues for the way forward. We conclude that ensuring safe and orderly mobility and the decent reception and long-term inclusion of migrants and displaced persons under conditions of more severe climate hazards, and in the context of rising nationalism and xenophobia, poses significant challenges. Integrated approaches across multiple policy sectors and levels of governance are needed. In addition to resources, development cooperation actors can bring data to help empower the most affected communities and regions and leverage their convening power to foster more coordinated approaches within and across countries.

scholarly journals A meta-analysis of the literature on climate change and migration

2021 ◽  
pp. 1-52
Author(s):  
Michel Beine ◽  
Lionel Jeusette
Keyword(s):  
Climate Change ◽  
Climatic Factors ◽  
Human Mobility ◽  
Meta Analysis ◽  
Empirical Studies ◽  
Displacement Effect ◽  
Methodological Choices ◽  
Econometric Methods ◽  
And Migration

Abstract Recent surveys of the literature on climate change and migration emphasize the important diversity of outcomes and approaches of the empirical studies. In this paper, we conduct a meta-analysis in order to investigate the role of the methodological choices of these empirical studies in finding some particular results concerning the role of climatic factors as drivers of human mobility. We code 51 papers representative of the literature in terms of methodological approaches. This results in the coding of more than 85 variables capturing the methodology of the main dimensions of the analysis at the regression level. These dimensions include authors' reputation, type of mobility, measures of mobility, type of data, context of the study, econometric methods, and last but not least measures of the climatic factors. We look at the influence of these characteristics on the probability of finding any effect of climate change, a displacement effect, an increase in immobility, and evidence in favor of a direct vs. an indirect effect. Our results highlight the role of some important methodological choices, such as the frequency of the data on mobility, the level of development, the measures of human mobility and of the climatic factors as well as the econometric methodology.

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