Міграція та кліматичні зміни: політико-правовий аспект

Abstract

The article analyzes the connection between climate change and migration, its reflection in Ukrainian legislation. It is noted that the main drivers of migration are socio-economic and political factors, but climate change may exacerbate them, while measures to adapt to them, adequate public administration and international cooperation – to weaken. It is concluded that the relationship between climate change and human mobility is relevant in political discourse at both the international and national levels and needs to be taken into account in legislation. At the same time, although Ukraine, like the world as a whole, is not free from the effects of global warming and may soon face forced relocations due to environmental problems, this relationship is reflected in the Ukrainian legal field very briefly. Only in some cases did the legislator take into account environmental problems and natural disasters in the context of migration. Thus, according to the current legislation, emergencies caused by natural disasters or environmental disasters can be a reason to warn citizens about the danger of leaving a country, which is not, however, a ban on visiting it. Legislation on internally displaced persons recognizes that natural emergencies may be one of the causes of IDPs, although there are no references to climate change. Natural and man-made disasters may be grounds for a foreigner or a stateless person to obtain temporary protection in Ukraine. In addition, Ukrainian law prohibits the forced return of foreigners and stateless persons to countries where their lives or health, safety or liberty are in danger as a result of a natural or man-made disaster. As climate change deepens, the need to take into account the link between migration and environmental degradation in migration policies and legislation will inevitably increase. Key words: migration; displacement; ecological migrants; climate change; migration law; migration policy