The Main Elements of Creating a Legal Mechanism for Regulating Environmental Migration

DOI

10.2991/assehr.k.200723.025How to use a DOI?

Keywords

natural and man-made emergency, ecological disaster zone, human right to a favorable environment, environmental migration, environmental migrant, legal status of environmental migrant, social tension

Abstract

The analysis carried out in the article shows that the violation of the natural human right to a favorable environment in natural and man-caused emergency situations, areas of environmental disaster, the need to reduce social tensions, prevent both massive and individual acts of disobedience of government, and intensify extremist activities, anti-government and nationalist organizations in these territories shows the need for consolidation in the legislature nom-level legal mechanisms of environmental migration management. This legal structural entity is a comprehensive legal institution that is governed by the legal norms of various branches of law - constitutional, international, environmental, administrative, civil, criminal, etc., but it is the constitutional law norms that are fundamental and prevailing in the legal regulation of this social phenomenon. This is due, first of all, to the fact that the created legal mechanism for regulating environmental migration must, first of all, protect the rights and freedoms of environmental migrants by determining their legal status and assisting them in arranging - temporarily or permanently - in their new place of residence. At the same time, the legal status of an environmental migrant as a special legal status is in addition to the legal status of a person and a citizen, and depending on what legal status is common for the legal status of an environmental migrant - the legal status of a citizen of the Russian Federation or the legal status of a foreign citizen and stateless person - It is possible to divide environmental migrants into two large groups.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Yuri Grigoryevich Shpakovsky
AU  - Vladimir Ivanovich Evtushenko
PY  - 2020
DA  - 2020/07/23
TI  - The Main Elements of Creating a Legal Mechanism for Regulating Environmental Migration
BT  - Proceedings of the International Scientific Conference on Philosophy of Education, Law and Science in the Era of Globalization (PELSEG 2020)
PB  - Atlantis Press
SP  - 129
EP  - 132
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.200723.025
DO  - 10.2991/assehr.k.200723.025
ID  - Shpakovsky2020
ER  -