This master thesis addresses the protection gap that exists for those who are forced to displace given the consequences of environmental degradation. It follows a normative goal as it seeks to find a solution within public international law for this new category of individuals. This master thesis, thus, highlights shared characteristics of environmentally displaced persons with a view to categorizing them so they would be able to receive adequate protection according to their specific needs. As the thesis accepts the significance of our understanding of social phenomena and its impact on our behavior, it analyzes the issue within the social constructivist framework. The thesis assesses various possible regimes of protection that could include the environmentally displaced persons, and possible implications that would be derived from the inclusion of the affected persons in the scope of application of those regimes and their norms. The thesis shows that the environmentally displaced persons, due to their unique characteristics, require a sui generis categorization and a regime of protection to achieve a standardized level of protection in line with international human rights and fundamental freedoms.
|