Environmental Displacement in European Asylum Law

Environmental Displacement in European Asylum Law © Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/138836409X12501577630588 European Journal of Migration and Law 11 (2009) 313–326 brill.nl/emil Environmental Displacement in European Asylum Law Vikram Kolmannskog * Climate Advisor, Norwegian Refugee Council (NRC), Norway Finn Myrstad * Th e Brussels Offi ce sa , Belgium Abstract Environmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. Th is article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. Th ere may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualifi cation Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Migration and Law Brill

Environmental Displacement in European Asylum Law

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Publisher
Brill
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1388-364X
eISSN
1571-8166
D.O.I.
10.1163/157181609789804321
Publisher site
See Article on Publisher Site

Abstract

© Koninklijke Brill NV, Leiden, 2009 DOI: 10.1163/138836409X12501577630588 European Journal of Migration and Law 11 (2009) 313–326 brill.nl/emil Environmental Displacement in European Asylum Law Vikram Kolmannskog * Climate Advisor, Norwegian Refugee Council (NRC), Norway Finn Myrstad * Th e Brussels Offi ce sa , Belgium Abstract Environmentally displaced persons can be included in several existing categories of protected persons under international law, but there may be a normative protection gap for many of those who cross an international border. Th is article looks at protection possibilities within the EU framework and national European legislations. Environmental displacement can arguably trigger temporary protection according to the EU Temporary Protection Directive. Th ere may also be environmentally displaced persons who require longer-term or permanent protection. Drawing on the EU Qualifi cation Directive and case-law from the European Court of Human Rights, one can argue that subsidiary protection should be granted in certain cases of extreme natural disaster or degradation. In less extreme cases, humanitarian asylum could be granted. Human rights principles such as non-refoulement could also be used to extend at least basic protection. In addition, legal labour migration could supply a work force, assist distressed countries and enhance protection of

Journal

European Journal of Migration and LawBrill

Published: Jan 1, 2009

Keywords: legal migration; humanitarian asylum; non-refoulement; climate change; temporary protection; subsidiary protection; human rights; environmental displacement

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