Groningen Journal of International Law

International Law Under Construction


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International Law and Migration: Strategies for Protection

By Liliana Lyra Jubilut and Rachel de Oliveira Lopes |lljubilut@gmail.com  rachel_lopes@yahoo.com.br

For all its specialisation in its contemporary phase after World War II and the granting of a special status to human rights, international law still lacks a comprehensive architecture for the protection of migrants. The only advanced regime relates to the protection of refugees, while the Convention on the Protection of Rights of All Migrant Workers and Members of Their Families is the least ratified treaty among the core instruments of human rights, not counting with the commitment of any major migrant-receiving Western State.

Furthermore, even though the processes of negotiation and creation of a Global Compact on Safe, Regular and Orderly Migration (by States) and a Global Compact on Refugees (by UNHCR), are under way, the creation of hard norms on either migration governance or the protection of migrants has not advanced and there is as of yet no consensus on the topic, as the USA’s resignation from the Migration Compact shows.

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Addressing the Protection Gap of Environmental Refugees: A Reform of the 1951 Refugee Convention?

By Jenny Poon, University of Western Ontariojpoonlaw@gmail.com

I. Introduction

A protection gap currently exists under international refugee law in that the Convention Relating to the Status of Refugees (Refugee Convention), the international convention which recognises and offers protection for refugees, does not recognise those fleeing from the effects of climate change as refugees. The protection regime under the Refugee Convention is therefore not applicable to those fleeing from the impacts of climate change, resulting in those fleeing across international borders being denied access to the territory of the State where they are fleeing to. This blog post briefly examines why this protection gap must be addressed, including how international refugee law and the Refugee Convention may be reformed to protect these environmental refugees. Continue reading