Environmentally Displaced Persons in Asia: Overcoming Vulnerabililty Through Regional Frameworks

Environmentally displaced persons continue to exist in the periphery of international law, caught in a cycle of vulnerability with few protections in international law. The foundations of human rights are based on the protection of persons at risk, and it has always risen to the occasion of prevailing circumstances. With the effects of climate change becoming increasingly apparent, it is imperative that a framework be created to govern the movement and protection of persons who are displaced by the environment. The problem first arises at the stage of definition, where the multicausality of environmental displacement makes it near impossible in many circumstances to isolate a single source of persecution. The lack of such clarity not only keeps EDPs from receiving a protected status as a group in international law, it also distances them from existing international frameworks meant to protect vulnerable groups. This is further exasperated in Asia, where the effects of natural disasters are magnified as a result of vulnerabilities on various fronts. The creation of a regional instrument in this region is complicated by layers of historical, cultural and geopolitical tensions. Keeping in mind the distinct interests that would be involved in the creation of any regional mechanism in Asia, this thesis attempts to identify the legal foundations for a regional cooperation mechanism and to explore potential tools that might assist in the creation of a relatively viable solution