Pacific Countries Advance Regional Policy Towards Climate Migration

Pacific Countries Advance Regional Policy Towards Climate Migration

It has been proven scientifically that regardless of whether or not we acknowledge it. Or it is the climate is an ongoing global phenomenon which is unfortunately constant as it is a threat. Multiplier and very likely to be cause by humans.

Since 2008 at the average is 21.5 million people have been force to leave their homes. Every year due to extreme climate-related events that have a rapid start. This number of events is likely to rise in the coming years. Similar research proves that events with slow-onset and environmental degradation are also factors in the decision of people to relocate.

However, recent inability to provide protection to those who are affect by climate change. Across the globe, including the Pacific region, reveal a glaring inability to enforce. International legal standards (norms and languages) for tackling climate change. This is evident in an indifference to the rights of people who seek refuge. Which the policy makers and legislators are unable to afford.

Traditions Of Law, Climate And Dangers

The research is support through AXA Research Fund and United Nations University Institute for Environment. And Human Security (UNU-EHS) My recent research is focus on the two primary legal. Systems in the Pacific which are the state law, also known as national legislation. As well as the Kastom law (the traditional traditional law). It examines the ways in which the differences between these two systems could lead to legal issues. When implementing international law relating to climate change, like in the case of 2015’s Paris Agreement.

In contrast to state law, which regulates executive or legislative laws, Kastom law governs local community law. Also called the law of families, clans or tribes, dependent on the specific arrangements.

The incorporation of international conventions in national law generally follows a top-bottom method. Which is transmit from the executive or legislative level down to the community. There is a different law system at the local levels could significantly alter the way of thinking. The norms are interpretable through the lens that is Kastom law. What people in communities know about the new laws may alter. Rhe original intent or the expected outcomes of the laws.

Generally Accepted By Local Residents

International laws aren’t generally accept by local residents and it is a global problem. But it is not the case that all local communities have a law enforcement system. That could interfere with the tubular top-bottom strategy.

In some regions of the Pacific for instance, the planting of trees could result in an immediate. Ownership of land that is not recognize in laws governing land in the country. Also, it not bound to any international standards governing the management of land.

My research found in a human rights-base model that emphasizes a bottom-up perspective. It focuses on a more legal interpretation that is progressive and highlights the necessity for flexibility, transparency and the practicality of law in helping and implementing climate science. The law in general should seen as a positive concept, not a restrictive (sometimes restricting) state-led system.

My research project will end in the year 2018 with a third section of fieldwork, which will see the final results completed and the results released and distributed. As of now, there are signs of differences between the two law systems that impact legislators as well as communities. In addition, it appears that reforms to the legal system in the country’s structure could require to correct the differences.

Hybrid Law Climate

The approach employed for this study is refer to as the hybrid law. It was create in 2007 to provide a basis to interpret the relation with climate changes and the customary legal system in the Pacific that usually only spoken and difficult to define or study.

Hybrid law is a term use to describe three areas of international law namely environmental law as well as human rights, refugee or law on migration. It is a clear indication of the connection between these three branches, and also that the climate change issue cannot be resolve without reference to immigration or human rights in direct or indirect ways.

It’s not enough to analyze the rights of humans without taking into consideration the impact of climate change or the mobility of people without taking into account the climate as one of the major causes of causality. People who are displace, migrants or relocate individuals whether they are cross-border or internal human rights defenders and the state should not able to take action or alter their policies to hinder their the safety of their journey and rights to protect themselves.

Under the international human rights laws and the customary international law states are require to protect the human rights of immigrants or refugees, and to treat their victims with dignity and respect and to guard against their return should they are at risk of being subject to human rights violations.

Although international refugee law does not mention environmental dangers as a cause of conflict or persecution However, this does not relieve states from the obligation to provide for the needs of those seeking protection from the effects of climate changes.