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Part VII Inter-linkages with Other Regimes, Ch.46 Migration

Walter Kälin

From: The Oxford Handbook of International Environmental Law (2nd Edition)

Edited By: Lavanya Rajamani, Jacqueline Peel

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 January 2023

Migration — Forced transfers or displacement — International environmental law

This chapter investigates the relationship between environmental law and migration law, which traditionally have had little in common and rarely interacted. Their respective subject matters are increasingly reflected as integrated issues in international instruments alongside the growing recognition that environmental factors are important drivers of forced migration as well as predominantly voluntary migration. The chapter argues that environmental law has a relevant role to play in addressing these challenges despite the fact that they are primarily within the purview of migration and human rights law. In particular, it can contribute to addressing environmental drivers of migration and mitigate displacement risks by reducing natural hazards and enhancing the resilience of populations at risk as well as dealing with environmental consequence of such human mobility. On the negative side, environmental law may contribute to forcing people out of conservation areas, unless it provides for measures mitigating such effects of environmental protection.

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