The concept and the rights of environmental refugee have attracted national, international governance and scholars' attention. I have tried to analyses through descriptive and explanatory approach the current trend of environmental refugees' legal protection and its limitation and achievement. Thus, the objective of this research work is first to review legal scholars' work, relating to environmental refugees to show the current trend, relating to environmental refugees protection. Second, to analyse the existing legal framework to show, whether it adequately has governed the issue of environmental refugees' rights and identify the gap. Third, it explains the ways forward. The international refugee law (the 1951 refugee convention and the 1969 OAU refugee convention), the international environmental law, international law on Stateless persons, the international human right law and the system of temporary protected status. Environmental refugees could be referred otherwise as environmental migrants, environmentally displaced persons, climate refugees, climate change refugees, environmental refugees and ecological refugees, thus it implies the same thing in this context. The legal concepts are making that definition, such as well-founded fear, persecution, crossing international border, exclusion from refugee status (undeserving cases), and cessation of refugee status. The UN High Commissioner for Refugees state that 36 million people were displaced by natural disasters in 2009, and about 20 million of those were forced to move for climate change-related issues. According to other estimates, there could be as many as 150 million by 2050. In accordance with the estimates of UN Environment Programme, by 2060 there could be 50 million environmental refugees in Africa alone
This article explores that while the ever registered vibrant economic development in China radiates from the legal system, the legal system has not been well cherished and praised. Therefore, the purpose of this essay is to unleash and enlighten the sphere of Chinese legal influence to the global legal order by taking OBOR as one particular example. It touches main conceptual frameworks to do with road jurisprudence and steps down to a conclusion by suggesting further deep investigation to be made.
Among others, empowering the citizen in the environmental law enforcement was mentioned the reason for the 1989 environmental law reform in China for the 2015 environmental protection law adoption. The success of reform, however, has not been yet assessed and there is strong reason for scrutiny towel appreciate the nuts and hats of citizen participation in the environmental law enforcement. This article analysis the hodgepodge and echelon of citizen's participation in the 2015 environmental protection law of China with regard to enforcement by clarifying the definitions of law enforcement and citizen participation in light of recent international legal development and understanding. It explores the forms and types of citizen participation recognized by the law in an effort to identify the magnificent reforms of the new law and elucidate on the pitfalls. The existing literatures relating to citizen participation in environmental law enforcement are reviewed and doctrinal scrutiny was made on the environmental protection law. The finding confirms that citizen participation has got wide and onerous recognition, albeit their empowerment to take court action in the public interest has some stringent requirement and limitation. Citizen participation is crucial in environmental protection and is an evolving principle in environmental law enforcement. And hence additional effort to include citizens" right of court action in the environmental enforcement may, fortunately, upgrade the law to the highest scale and may attract a huge enforcement contribution from the public wing.
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