Abstract

IBARRA SARLAT, Rosalía. Indetermination of Legal Status of the Migrant by Climate Change. Anu. Mex. Der. Inter [online]. 2020, vol.20, pp.135-167.  Epub Mar 19, 2021. ISSN 1870-4654.  https://doi.org/10.22201/iij.24487872e.2020.20.14473.

This paper highlights the importance of the establishment of a legal term that recognizes the climate change displaced people in the framework of International Law. Transborder migrations caused by the impacts of anthropogenic climate change are a reality that require recognition, rather than doctrinal, legal, in the field of International Law. The variety of doctrinal meanings and categories (not legally binding) shows up the lack of focus of the problem and the legal gaps to face. Currently there is no consensus on a legal and univocal concept that defines people who are displaced by climate change, its legal status its undetermined, as well as the applicable normative instrument that provides the necessary international legal protection, which assures migrants a planned relocation outside their home countries and that guarantees respect for their rights. The legal consequences of the lack of legal status are reflected when analyzing the case of Kiribati’s citizen, Mr. Ioane Teitota, who, before the New Zealand Courts, requested refugee status due to the difficulties that he faced at his country with respect to the impacts of climate change, particularly in the face of sea level rise.

Keywords : Migration; Migrant; Refugee; Displaced; Climate Change; Kiribati.

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