Book contents
- Climate Refugees
- Series page
- Climate Refugees
- Copyright page
- Contents
- Contributors
- Acknowledgements
- 1 An Alternative Introduction: An Interview with the Editors, Which Never Took Place
- Part I Global Governance
- Part II International Law
- Part III Regional and Local Perspectives and Solutions
- 9 Climate Migration and Its Inclusion in Mexican Legal and Political Frameworks
- 10 Integrating Climate-Induced Mobility in Climate and Migration Policies in Brazil
- 11 Climate Displacement and Community-Led Solutions
- 12 ‘Climate-Displaced People’: A Small Island Developing States Perspective
- 13 Any Port in a Storm? Climate, Mobility, and Choice in Pacific Small Island Developing States
- 14 The Role of Environmental Disasters in Asylum Cases: Do German Courts Take Disasters into Account?
- 15 Building Governance Resiliency: Lessons from the United States
- Part IV Critical Approaches
- Index
14 - The Role of Environmental Disasters in Asylum Cases: Do German Courts Take Disasters into Account?
from Part III - Regional and Local Perspectives and Solutions
Published online by Cambridge University Press: 01 April 2022
- Climate Refugees
- Series page
- Climate Refugees
- Copyright page
- Contents
- Contributors
- Acknowledgements
- 1 An Alternative Introduction: An Interview with the Editors, Which Never Took Place
- Part I Global Governance
- Part II International Law
- Part III Regional and Local Perspectives and Solutions
- 9 Climate Migration and Its Inclusion in Mexican Legal and Political Frameworks
- 10 Integrating Climate-Induced Mobility in Climate and Migration Policies in Brazil
- 11 Climate Displacement and Community-Led Solutions
- 12 ‘Climate-Displaced People’: A Small Island Developing States Perspective
- 13 Any Port in a Storm? Climate, Mobility, and Choice in Pacific Small Island Developing States
- 14 The Role of Environmental Disasters in Asylum Cases: Do German Courts Take Disasters into Account?
- 15 Building Governance Resiliency: Lessons from the United States
- Part IV Critical Approaches
- Index
Summary
This chapter investigates the current degree of protection granted by German courts for persons displaced in the context of environmental disasters and climate change. The research shows that German courts address the situation of persons displaced in the context of natural disasters when evaluating a ban on deportation according to Art. 3 ECHR. Especially with regards to three countries – Afghanistan, Iraq, and Somalia – the German courts analysed the effects of natural disasters in a very detailed manner. While not always regarded as a conclusive element on their own, the natural disasters seem to support requests for a ban on deportation. The German cases are examples of how protection might be possible outside the Refugee Convention. They tie in well with the HRC’ Teitiota v. New Zealand decision and show that human rights law can play a significant role. In spite of the lack of a specific legal framework to address persons displaced due to natural disasters and climate change-related harm, we should not ignore the legal instruments that already exist. This chapter attempts to increase the general awareness of Art. 3 ECHR non-refoulement for people displaced due to natural disasters.
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- Climate RefugeesGlobal, Local and Critical Approaches, pp. 261 - 276Publisher: Cambridge University PressPrint publication year: 2022