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Emerging Norms on Disaster Displacement: Scrutinising Swedish Decision-Makers

Alm, Sarah LU (2024) JAMM07 20241
Department of Law
Faculty of Law
Abstract
In times of climate change, climate-related disaster displacement is becoming a growing issue. While the vast majority of disaster displaced people move within their country or to a neighbouring country (within a region), there are also people who move between regions and to Europe (interregional). However, there is currently no global legally binding framework that regulates the protection of these interregional disaster displaced persons, nor have Swedish decision-makers thoroughly assessed relevant applications for protection in the past.

This thesis focuses on disaster displacement to Sweden and the role of emerging norms to improve protection in relevant decisions. Both legal-doctrinal research and empirical research in combination... (More)
In times of climate change, climate-related disaster displacement is becoming a growing issue. While the vast majority of disaster displaced people move within their country or to a neighbouring country (within a region), there are also people who move between regions and to Europe (interregional). However, there is currently no global legally binding framework that regulates the protection of these interregional disaster displaced persons, nor have Swedish decision-makers thoroughly assessed relevant applications for protection in the past.

This thesis focuses on disaster displacement to Sweden and the role of emerging norms to improve protection in relevant decisions. Both legal-doctrinal research and empirical research in combination with qualitative content analysis are used for this purpose. The thesis first analyses which normative developments exist at international, European, and national level that aim to improve the protection of the displaced. It is considered that although the developments identified are still in the norm emergence stage, they represent significant authoritative interpretative guidance for decision-makers that should be taken into account when deciding on cases of disaster displacement. Building on previous case studies, the thesis analyses 75 asylum/migration cases from 2020-2023 to examine how Swedish decision-makers apply the identified emerging norms. As the case study shows that neither the Swedish Migration Agency nor the Swedish migration courts have applied the emerging norms, the obvious question is raised as to why they are completely disregarded by decision-makers. The thesis concludes that factors such as Nordic loyalty to the legislature and a lack of mobilisation and litigation in relation to disaster displacement to Sweden may contribute to the decision-makers’ attitude. (Less)
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author
Alm, Sarah LU
supervisor
organization
course
JAMM07 20241
year
type
H2 - Master's Degree (Two Years)
subject
keywords
norm emergence, disaster displacement, interregional, protection, human rights, Sweden, decision-makers
language
English
id
9157361
date added to LUP
2024-06-25 11:24:07
date last changed
2024-06-25 11:24:07
@misc{9157361,
  abstract     = {{In times of climate change, climate-related disaster displacement is becoming a growing issue. While the vast majority of disaster displaced people move within their country or to a neighbouring country (within a region), there are also people who move between regions and to Europe (interregional). However, there is currently no global legally binding framework that regulates the protection of these interregional disaster displaced persons, nor have Swedish decision-makers thoroughly assessed relevant applications for protection in the past.

This thesis focuses on disaster displacement to Sweden and the role of emerging norms to improve protection in relevant decisions. Both legal-doctrinal research and empirical research in combination with qualitative content analysis are used for this purpose. The thesis first analyses which normative developments exist at international, European, and national level that aim to improve the protection of the displaced. It is considered that although the developments identified are still in the norm emergence stage, they represent significant authoritative interpretative guidance for decision-makers that should be taken into account when deciding on cases of disaster displacement. Building on previous case studies, the thesis analyses 75 asylum/migration cases from 2020-2023 to examine how Swedish decision-makers apply the identified emerging norms. As the case study shows that neither the Swedish Migration Agency nor the Swedish migration courts have applied the emerging norms, the obvious question is raised as to why they are completely disregarded by decision-makers. The thesis concludes that factors such as Nordic loyalty to the legislature and a lack of mobilisation and litigation in relation to disaster displacement to Sweden may contribute to the decision-makers’ attitude.}},
  author       = {{Alm, Sarah}},
  language     = {{eng}},
  note         = {{Student Paper}},
  title        = {{Emerging Norms on Disaster Displacement: Scrutinising Swedish Decision-Makers}},
  year         = {{2024}},
}