Posted on: November 4, 2022 Posted by: diasporadigital Comments: 0

The case of Ioane Teitiota, paves the way for deeper reflections upon the role of the principle of non-refoulement as protection instrument in those cases where migration is compelled by environmental and climate factors, so-called environmental migration, and also beyond the international level.

That is why Chiara Scissa’s piece on “The Principle Of Non-Refoulement And Environmental Migration: A Legal Analysis Of Regional Protection Instruments is very relevant.

This contribution provides for a timing, and thorough analysis of the regional refugee and human rights frameworks, where the principle of non-refoulement is embedded, in six geographical areas: Africa, the Americas, Asia, Europe, the Middle East, and Oceania.

Chiara is a PhD student in Law at the Institute of Law, Politics and Development (DIRPOLIS) at Sant’Anna School of Advanced Studies in Pisa – Italy, specializing in environmental migration. She is also co-coordinator of the Environmental Research Hub within its DREAM (Data, Research and Analysis on Migration) Research Area and Visiting Researcher at IOM Regional Office in Vienna, Division of Migration, Environment and Climate Change.

“The aim of the piece is to draw relevant insights into a possible application of this principle as protection instrument from removal to the migrant’s country of origin affected by dire environmental conditions”, says Chiara.

“This paper also considers regional non-refoulement jurisprudence, where available, associated with environmental migration”, she added.

Chiara is currently specializing in disaster displacement in international, EU and national law and policies; in addition to human rights & fundamental freedoms; climate change, environment & migration.

Children’s rights; human and state’s vulnerability; as well as migration & sustainable development are also included in her areas of expertise.

“The need to understand the role that non-refoulement can play in fostering protection to environmental migrants goes definitely beyond the international level.”

Chiara Scissa

Speaking on the inspiration for producing the piece which took her a year, Chiara said: “I chose this topic because I feel the Teitiota case has so much to offer beyond the international level. It’s a source of inspiration also for regional Courts, which are often asked to interpret regional refugee and human rights agreements providing direct or indirect protection on environmental grounds.”

This piece was written with administrative and judicial authorities operating in the field of asylum in mind.

Chiara hopes that the research and information will be helpful for lawyers, judges and all other competent authorities and CSOs dealing with international protection claims.

Read Chiara Scissa’s “The Principle Of Non-Refoulement And Environmental Migration: A Legal Analysis Of Regional Protection Instruments from this LINK.

Other related publications by Chiara Scissa can be found below:

Chiara Scissa, Legal and Judicial Responses to Disaster Displacement in Italy, Austria and Sweden, in Völkerrechtsblog with F. Biondi Dal Monte, M. Scott, M. Ammer & M. Mayrhofer.

Chiara Scissa, The Climate Changes, Should EU Migration Law Change as Well? Insights from Italy, in European Journal of Legal Studies 14(1).

To get in touch with Chiara, kindly email: chiara.scissa@santannapisa.it, or follow her on Twitter: @ChiaraScissa.

Content: Chiara Scissa

Edited by: Theresa R. Fianko

Photo Attribution: Chiara Scissa.

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