국제법상 환경실향민의 보호방안 연구

In recent years, many commentators have identified a new refugee requiring the protection of international law: the environmentally displaced person—one who leaves his or her home and seeks refuge elsewhere for reasons relating to the environment. While the number of people who have been displaced for environmental reasons is on the rise, it is a mistake to believe that the existing refugee norms are adequate to protect these individuals. In this paper, I address the root causes of environmental degradation and catastrophe that are causing this increased migration of environmentally displaced persons. I show that the existing refugee norms are inappropriate so as to protect these individuals. I also provide justification for my position that a new convention should be drafted providing protections for environmentally displaced persons and creating affirmative obligations for states to work toward preventing environmental displacement in the future. Merely allowing environmentally displaced individuals to move does not solve the problem. Accordingly, we must create a new mechanism for protecting environmentally displaced persons, addressing both the displacement and the environmental factors precipitating the displacement. In this regard, an instrument like the proposed convention provides the assets for a comprehensive remedy of the issues related to environmentally-induced migration, and would be worth further discussion.