국제법상 ʻ환경난민ʼ에 대한 인권 기반적 접근

Environmental refugees are persons who can no longer gain a secure livelihood in their traditional homelands because of what are primarily environmental factors of unusual scope. Environmental refugees have three types such as ‘environmental refugees caused by their country’, ‘environmental refugees caused by foreign country’, and ‘climate refugees’. The first question is whether international refugee law can protect ‘environmental refugees caused by their country’ or not. The definition of refugee set at 1951 Convention Relating to the Status of Refugees(hereinafter Refugee Convention) request three composing elements such as ‘persecution’, ‘to conform to one of five reasons of persecution’ and ‘persons being outside the country of his nationality or his former habitual residence’. Unfortunately, environmental refugees can not fill the first and second elements of Refugee Convention's definition. Another legal solution for environmental refugees is the ‘Human Rights Based Approach’. A human rights-based approach is not only about expanding people’s choices and capabilities but above all about the empowerment of people to decide what this process of expansion should look like. Adopting a human rights based approach may not necessarily change what we do, but it will raise questions about how we do it. As we consider and adopt a human rights based approach to environmental refugees, it is possible to focus on their human rights disturbed and remedy to them as a victim. A principle of ‘Common but Differentiated Responsibility’(hereinafter CDR) is necessary to solve problem of ‘Climate Refugees’. It has no legal subject responsible to cause the problem. differential responsibility of CDR does result in different legal obligations which is acceptable to each states, and request international material cooperation.