The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees

GÜNES, BURAK; Çelenk, Bengü

doi:10.25253/99.2021233.11

The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees

Burak GÜNEŞ, (Kırşehir Ahi Evran University, Kırşehir/Turkey)

Bengü ÇELENK (Kadir Has University, Istanbul/Turkey)

Insight Turkey

13 1

Yıl: 2021 Cilt: 23 Sayı: 03 Sayfa Aralığı: 209 - 231 Metin Dili: İngilizce DOI: 10.25253/99.2021233.11 İndeks Tarihi: 16-02-2022

The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees

Öz:

This paper aims to lay out the challenges and potentially fatal conflicts inherent in the emerging attempts to respect state sovereignty while crafting progressive and truly responsive sets of approaches to a sui generis global problem like the climate crisis. It examines general approaches and practices on climate refugees within the scope of a critical legal framework, taking as an example the ‘Ioane Teitiota’ case that attracted public attention as an international issue starting in 2013. In addition, we will examine from a legal viewpoint and with an eye to future consequences, the January 2020 United Nations’ historical decision on climate refugees. We adopt Martti Koskennimi’s terms, ascending and descending justifications, to show the oscillation that the legal mind experiences in between order and will. In this paper, we will claim that the legal mind fights a battle that eventually ends up with a deadlock due to the very structure of modern law.

Anahtar Kelime:

Belge Türü: Makale Makale Türü: Araştırma Makalesi Erişim Türü: Erişime Açık

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50. “There are two ways of arguing about order and obligation in international affairs. One argument traces them down to justice, common interests, progress, nature of the world community, or other similar ideas to which it is common that they are anterior, or superior, to State behavior, will or interest. They are taken as a given normative code which precedes the State and effectively dictates how a State is allowed to behave, what it may will and what its legitimate interests can be. Another argument bases order and obligation on State behavior, will or interest. It takes as given the existence of States and attempts to construct a normative order on the basis of the ‘factual’ State behavior, will, and interest.” See, Koskenniemi, From Apology to Utopia, p. 59.
51. “The dynamics of international legal argument is provided by the contradiction between the ascending and descending patterns of argument and the inability to prefer either… The result is a curiously incoherent doctrine which is ad hoc and survives only because it is such.” Koskenniemi, From Apology to Utopia, p. 65.
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APA	GÜNES B, Çelenk B (2021). The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. , 209 - 231. 10.25253/99.2021233.11
Chicago	GÜNES BURAK,Çelenk Bengü The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. (2021): 209 - 231. 10.25253/99.2021233.11
MLA	GÜNES BURAK,Çelenk Bengü The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. , 2021, ss.209 - 231. 10.25253/99.2021233.11
AMA	GÜNES B,Çelenk B The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. . 2021; 209 - 231. 10.25253/99.2021233.11
Vancouver	GÜNES B,Çelenk B The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. . 2021; 209 - 231. 10.25253/99.2021233.11
IEEE	GÜNES B,Çelenk B "The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees." , ss.209 - 231, 2021. 10.25253/99.2021233.11
ISNAD	GÜNES, BURAK - Çelenk, Bengü. "The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees". (2021), 209-231. https://doi.org/10.25253/99.2021233.11

APA	GÜNES B, Çelenk B (2021). The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. Insight Turkey, 23(03), 209 - 231. 10.25253/99.2021233.11
Chicago	GÜNES BURAK,Çelenk Bengü The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. Insight Turkey 23, no.03 (2021): 209 - 231. 10.25253/99.2021233.11
MLA	GÜNES BURAK,Çelenk Bengü The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. Insight Turkey, vol.23, no.03, 2021, ss.209 - 231. 10.25253/99.2021233.11
AMA	GÜNES B,Çelenk B The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. Insight Turkey. 2021; 23(03): 209 - 231. 10.25253/99.2021233.11
Vancouver	GÜNES B,Çelenk B The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees. Insight Turkey. 2021; 23(03): 209 - 231. 10.25253/99.2021233.11
IEEE	GÜNES B,Çelenk B "The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees." Insight Turkey, 23, ss.209 - 231, 2021. 10.25253/99.2021233.11
ISNAD	GÜNES, BURAK - Çelenk, Bengü. "The Impasse of International Law on Climate-Induced Migration: Recent Developments and the United Nation’s January 2020 Decision on Climate Refugees". Insight Turkey 23/03 (2021), 209-231. https://doi.org/10.25253/99.2021233.11