A human rights-based approach to disaster displacement in the Asia-Pacific

Lewis, Bridget & Maguire, Rowena (2016) A human rights-based approach to disaster displacement in the Asia-Pacific. Asian Journal of International Law, 6(2), pp. 326-352.

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Abstract

This paper analyzes the application of rights-based approaches to disaster displacement in the Asia-Pacific region in order to assess whether the current framework is sufficient to protect the rights of internally displaced persons. It identifies that disaster-induced displacement is increasingly prevalent in the region and that economic and social conditions in many countries mean that the impact of displacement is often prolonged and more severe. The paper identifies the relevant human rights principles which apply in the context of disaster-induced displacement and examines their implementation in a number of soft-law instruments. While it identifies shortcomings in impementation and enforcement, the paper concludes that a rights-based approach could be enhanced by greater engagement with existing human rights treaties and greater implementation of soft-law principles, and that no new instrument is required.

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ID Code: 87018
Item Type: Journal Article
Refereed: Yes
Keywords: disaster displacement, human rights
DOI: 10.1017/S2044251315000168
ISSN: 2044-2521
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > International Law (excl. International Trade Law) (180116)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2015 Asian Journal of International Law
Deposited On: 31 Aug 2015 23:48
Last Modified: 04 Sep 2016 10:02

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