O processo de refúgio ambiental de migrantes das regiões insulares do pacífico para Nova Zelândia e Austrália.

Abstract

The existence of refugees in the world is not a contemporary event, but it was only in the twentieth century that this category was legitimized before the International Society, receiving formal support of the law. Until now, there are derivations of refugees who are not yet considered official, so they do not exist for the International Law, and therefore, there is no International Regime that acts on the situation. This is the case of people who have to leave their places of origin motivated by consequences arising from the occurrence of climatic catastrophes, these individuals are informally called Environmental Refugees. This paper focuses on the Environmental Refuge process, specifically in the Pacific Island Region, considering the absence of an International Regime for this case. The countries of origin studied in this work are Nauru, Tuvalu and Kiribati, the inhabitants of these South Pacific States seek asylum, mainly in Australia and New Zealand, which are also addressed individually. Thus, through the dialectical method, the research is oriented based on the analysis of documentary sources relevant to the subject, articles, periodicals and specialized journals in the subject. The Convention Relating to the Status of Refugees of 1951 and the Universal Declaration of Human Rights of 1948 deal with the construction of the term "refugee." The research is also made by investigating entities that act, on a global scale, in the scope treated, such as UNHCR and IOM among other regional initiatives that manage the climate change phenomenon in the selected countries such as Pacific Climate Change and Migration. For that matter, it is discussed about the causes and consequences that are linked to climate change and make thousands of individuals seek another country to establish themselves. In the case of the Insular Region of the Pacific Ocean, sea level rise is a predominant circumstance. Considering the Theory of International Regimes, there is a need to create an International Regime for Environmental Refugee cases.