INTERNATIONAL PROTECTION OF ENVIROMENTAL REFUGEES IN LIGHT OF KIRIBATI CASE

Abstract

International law is deeply concerned about the category of refugee, and this concern has gained strength after World War II. However, it seems that the category of refugee, which grants a set of right to the refugees due to persecution based on nationality, race, social group, religious group or political opinion, does not encompass the victims of enviromental catastrophes. There is a conceptual limbo with regard to environmental refuge. Thus, this article deals with the environmental refugees, trying to analyze, by using the deductive reasoning, if there exists the possibility of acknowledgement of enviromnental refugees by international law. In order to fulfill the aim which has been set, the article will discuss the existence of environmental refugees in the light of the Kiribati case as well as the necessity of acknowledgement of the status of refugees to its inhabitants, as a consequence of environmental causes. The analysis will be made starting from the instruments applied to refugees existing in international law. According to this article, it has been deemed fundamental to understand that international law must face the challenge of environmental refugees and offer an adequate solution which makes it possible to ensure the protection of the dignity of these people.