Justice above all else

Pathak Maitrayee: Justice above all else.

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The paper focusses on a framework that can provide means to see a common thread of equity though issues of climate change related migration and geopolitically driven migrations. A million plus migrants and refugees crossed into Europe in 2015, sparking a crisis as countries struggled to cope with the influx and creating division in the European Union(EU) over how best to deal with resettling people. The vast majority arrived by sea but some migrants have made their way over land, principally via Turkey and Albania. Approximately 135,711 people reached Europe by sea since the start of 2016, according to the UNHCR. The conflict in Syria continues to be by far the biggest driver of migration. Afghanistan, Iraq, Eritrea and Kosovo are among the leading sources of migration for escape from poverty and or conflict. Although Germany has had the most asylum applications in 2015, Hungary had the highest in proportion to its population, despite having closed its border with Croatia in an attempt to stop the flow in September. Tensions in the EU have been rising because of the disproportionate burden faced by some countries, particularly the countries where the majority of migrants have been arriving: Greece, Italy and Hungary. However this is not always the case, as in the case of climate refugees. Climate refugees are people who must leave their homes and communities because of the effects of climate change and global warming. Human induced Climate change is causing rising temperatures which contribute to flooding and sea level rise. Rising temperatures also lead to droughts and desertification results in the transformation of arable land to desert. Some of these effects, such as sea level rise, can put land completely underwater, making it uninhabitable. Others effects, such as drought, make it impossible for people in the region to support themselves. Climate refugees belong to a larger group of immigrants known as environmental refugees. The International Red Cross estimates that there are more environmental refugees than political refugees fleeing from wars and other conflicts. UNHCR says 36 million people were displaced by natural disasters in 2009, the last year such a report was taken Scientists predict this number will rise to at least 50 million by 2050. The thread that runs through both the triggers of mass migrations/potential mass migrations globally is the question of “justice for the aggrieved”. It is impossible to look at the question purely from a humanitarian perspective. We present a framework that can guide policy makers and legislators to be able to both look at “the human aspect” and also the “valuation pluralities” simultaneously not as antagonistic but as complementary. Is there a possibility to leave aside all border laws for sake of “Justice above all else”? Climate Justice must be viewed as humanitarian, ethical and political issue, rather than one that is purely environmental or physical in nature. This is done by relating the effects of climate change to concepts of justice, particularly environmental justice and social justice and by examining issues such as equality, human rights, collective rights, and the historical responsibilities for climate change. The paper focusses on a conflict representation and analysis framework that can provide a core of logical coherence to apply the principles of “Equity and Justice” while attempting to deal with both these potential conflict scenarios (climate/geopolitical forced migrations). It lays out using the essential Ladder of Abstraction Approach Theory, the mechanics and dynamics of conflict scenarios borne through the beliefs of the various stakeholders.

Item Type: Conference or Workshop Item
Journal or Publication Title: Jog határok nélkül
Date: 2018
Volume: 8
ISSN: 2063-3807
ISBN: 978-963-306-640-9
Page Range: pp. 183-200
Series Name: Szegedi Jogász Doktorandusz Konferenciák
Language: English
Place of Publication: Szeged
Event Title: Jog határok nélkül (2017) (Szeged)
Related URLs: http://acta.bibl.u-szeged.hu/74892/
Uncontrolled Keywords: Migráció, Menekültügy
Additional Information: Bibliogr. a lábjegyzetekben ; összefoglalás angol nyelven
Subjects: 05. Social sciences
05. Social sciences > 05.04. Sociology
05. Social sciences > 05.05. Law
Date Deposited: 2022. Mar. 25. 14:43
Last Modified: 2023. Dec. 05. 11:25
URI: http://acta.bibl.u-szeged.hu/id/eprint/74989

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