Revisión del estado del arte del derecho internacional frente al problema de los refugiados ambientales en el mundo (1985-2010)

Abstract

This research is focused on analyzing the role of the International Law in the so called Environmental Refugees , this is a new category of displacement and it s becoming in an important item on the International Community. Therefore, the State of the Art will be the type of investigation used to review the literature regarding this topic, in order to show the need to incorporate the concept of environmental refugee by the international law and the protection for the conventional refugee : Convention Relating to the Status of the Refugee approved in 1951, it was the first document that sets out the rights of people who are granted the international protection. For this purpose it will be necessary to show the most important cases relating to this topic to explain the consequences and implications since these individuals do not qualifying to the Convention and the lack of international protection as well. In other words, that would be a reason why we affirm that the the international system of refugee protection has legal vacuum to ignore the environmental causes and the incidences of climate change. Despite this is a compilation of the most important articles and authors, this research proposes the reflection to those who can suggest and make solutions in long term to provide legal protection to those who are forced to leave their habitats because of environmental disasters and because of the lack of capability of their governments to find solutions, prevention and mitigation to this type of problems.