ClimMobil: Judicial and policy responses to climate change-related mobility in the European Union with a focus on Austria and Sweden

This project will investigate the current and potential scope of international protection as well as other forms of protection (in particular humanitarian protection) for persons displaced in the context of climate change in the EU, in particular in Austria and Sweden.  It is being carried out in partnership with the Ludwig Boltzmann Institute for Human Rights and is supported by the Austrian Climate and Energy Fund.

Climate change is becoming an increasingly important factor in regard to migration and displacement. Although most persons affected by climate change-related mobility remain in their regions of origin, some of them (will) arrive in Europe, including Austria and Sweden. However, the legal status of persons arriving in Europe in this context is still inadequately addressed (normative protection gap).

Final project report: Disaster-related displacement into Europe: Judicial practice in Austria and Sweden

About the ClimMobil Project

Firstly, the status quo at the global level as well as regional European level (Geneva Refugee Convention, international human rights law) is analysed. In a second step, relevant EU law, in particular the EU Qualification Directive, is assessed.

In analysing the scope of international protection, social factors, such as inequality and discrimination, that are important dimensions concerning the impact of climate change in general and in the context of climate change-related displacement in particular, are taken into account. For the purpose of embedding the legal questions into a broader international policy framework, the latest international institutional and policy developments in the context of climate/environmental change-related mobility and their implications for Austria and Europe will be analysed.

Case studies of Austria and Sweden as two EU Member States are conducted to explore and analyse the situation at a national level. National legal frameworks and jurisprudence will be assessed in the light of international law and EU legal standards.

Finally, the proposed project aims to draft recommendations on how to address normative gaps.

New Research Paper: Nordic Norms, Natural Disasters and International Protection

Persons involved: 

Matthew Scott

Matthew Scott

Head of Thematic Area Human Rights and the Environment

E-mail: matthew.scott@rwi.lu.se

Matthew Scott is head of the Human Rights and the Environment thematic area at the Raoul Wallenberg Institute of Human Rights and Humanitarian Law in Lund, Sweden.

His work focuses on integrating social science perspectives with international legal standards to promote context-sensitive, human rights-based law, policy and practice relating to disaster risk reduction and climate change adaptation. His primary area of expertise concerns migration and displacement in the context of disasters and climate change, on which he has published a monograph entitled Climate Change, Disasters and the Refugee Convention (CUP 2020), an edited volume entitled Climate Change, Disasters and Internal Displacement in Asia and the Pacific: A Human Rights-Based Approach (Routledge 2021), and a range of book chapters and academic articles in, amongst others, the International Journal of Refugee Law, the Nordic Journal of International Law and the Yearbook of International Disaster Law. The edited volume was a major output of a regional thematic study he coordinated as part of RWI’s Asia-Pacific programme on human rights and sustainable development. Current research interests concern the role of local authorities in addressing climate- and disaster-related migration and displacement, and how human rights law can contribute to building resilience to pandemic risk.

Matthew holds a PhD in Public International Law from Lund University (2018) and a MA in Social Anthropology of Development from SOAS (1998). He practiced immigration and asylum law before entering academia. He is a member of the advisory committee of the Platform on Disaster Displacement, a member of the editorial board of the Yearbook of International Disaster Law, and a founding member of the Nordic Network on Climate Related Displacement and Mobility.

At Lund University, he convenes the LLM course on human rights law, the environment and climate change, and lectures on international refugee law and international human rights law at the Faculty of Law. He also lectures on the MSc programme in Disaster Risk Reduction and Climate Change Adaptation at the Department of Risk Management and Societal Safety.

Matthew is also actively engaged in international collaboration initiatives and is currently contributing technical expertise on human rights-based approaches to disaster risk reduction across eight countries in Asia in collaboration with the Asia Disaster Preparedness Center, Stockholm Environment Institute and the Swedish Civil Contingencies Agency.

Read more about Matthew’s work here.

Selected publications

Nordic Norms, Natural Disasters, and International Protection: Swedish and Finnish Practice in European Perspective (Nordic Journal of International Law, 2022, with Russell Garner)

Climate Change, Disasters and Internal Displacement in Asia and the Pacific: A Human Rights-Based Approach (Routledge 2021)

Pandemic Preparedness and Response: National COVID-19 Law and Policy in Human Rights Perspective (RWI 2021, with Elina Hammarström)

Climate Change, Disasters and the Refugee Convention (CUP 2020)

Current Projects

Building Resilience to Pandemic Risk: A Human Rights-Based Approach in Multi-Level Governance Perspective

The project entails ground level empirical research focusing on local people’s experiences of municipal-level responses to Covid-19 in a multi-level governance framework, combined with the development of knowledge products designed to share insights and promote reflection and discussion within and between stakeholder groups. The research seeks to engage predominantly with individual residents and their representatives in civil society, together with local government actors, and will be designed in a manner that integrates constructively with existing network-based initiatives. Insights are expected to be relevant to actors at local, national, regional, and international levels.

This new initiative focusing on ground-level impacts of pandemic risk reduction, preparedness and response builds on insights derived in the pilot project conducted in 2020, and is intended as an early step in the development of a larger programme promoting building forward better with a human rights-based approach that integrates key elements from the post-2015 international frameworks, including the Sustainable Development Goals, the Sendai Framework for Disaster Risk Reduction, and the New Urban Agenda.

ClimMobil: Judicial and Policy Responses to Climate Change-Related Mobility in the European Union with a Focus on Austria and Sweden (2019-2022)

This project, supported by the Austrian Climate and Energy Fund, and in collaboration with the Ludwig Boltzmann Institute for Human Rights in Vienna, examines Swedish and Austrian judicial decisions in cases where disasters and other adverse impacts of climate change feature as part of the claim. The project sets out to improve understanding of judicial responses to claims for international protection in this context and to make recommendations that are relevant for domestic as well as wider European and international audiences, including policymakers.

Building Resilience through Inclusive and Climate Adaptive Disaster Risk Reduction (2018-2022)

This project, supported by the Swedish Development Cooperation Agency (Sida), is collaborative initiative between the Asia Disaster Preparedness Center, the Stockholm Environment Institute, the Swedish Civil Contingencies Agency, and the Raoul Wallenberg Institute, that promotes and supports the identification and development of rights-based and gender equal approaches to disaster risk reduction and climate change adaptation across Asia and the Pacific.

 

Completed projects

The Future of Human Rights (2020-2021)

This project, supported by the Pufendorf Institute at Lund University, brings together academics from a range of disciplines including law, disaster risk management, philosophy, sociology, and human geography to explore the future of human rights by exchanging perspectives on the origins and purpose of the concept and sharing insights across intersecting themes including migration, authoritarianism, and economic globalisation. These themes are framed against a backdrop of global social and ecological processes under umbrella concepts of digitalization and the Anthropocene. The project is designed to generate ideas and identify interconnections through multi-disciplinary collaboration.

Climate Change, Disasters and Internal Displacement in Asia and the Pacific: A Human Rights-Based Approach (2017-2020)

This project, supported by the Swedish Development Cooperation Agency (Sida), brought together researchers from ten countries across Asia and the Pacific to examine the relationship between international and national-level law and policy relating to displacement in the context of disasters and climate change, and the protection of people from and during displacement and the facilitation of durable solutions. Adopting a human rights-based approach, the research consolidated key international standards and guidelines relating to displacement in the context of disasters and climate change and developed a tool for systematically analysing national legal and policy frameworks. This desk research was complemented by field research that examined one particular instance of disaster displacement, identifying promising practices as well as challenges to the implementation of national and international standards. Key findings are contained in a series of national law and policy reports, submissions to international initiatives including the UN High Level Panel on Internal Displacement and the 2020 UN Special Rapporteur on the human rights of internally-displaced persons consultation on displacement in the context slower onset adverse impacts of climate change, and academic publications including and edited volume and a contribution to the special edition on internal displacement published in the journal Refugee Survey Quarterly. More information about the project is available at https://rwi.lu.se/disaster-displacement.

This research has provided a foundation for the collaborative development of practical, blended learning modules promoting human rights-based and gender equal approaches to addressing displacement risk.

Project Duration: 

10/2019-09/2021

Funded by: 

Klima- und Energiefonds

Team: 

Anti-Discrimination, Diversity and Asylum

Projects Asylum, Anti-Discrimination and Diversity

AsylumEnvironmental Migration