Journal article

Analysis of Imminence in International Protection Claims: Teitiota v New Zealand and Beyond

M Foster, J Mcadam

International and Comparative Law Quarterly | Cambridge University Press | Published : 2022

Abstract

The UN Human Rights Committee's finding in Teitiota v New Zealand has garnered widespread global attention for its recognition that the effects of climate change may put people's lives at risk or expose them to cruel, inhuman or degrading treatment, thus triggering States' non-refoulement obligations. However, a secondary - and highly problematic - consequence of the decision has been its confusing and misplaced focus on 'imminence' of harm. This reflects a concerning, albeit uneven, trend in human rights cases generally (and cases concerning climate change and human rights, in particular) to recognize violations only where rights are immediately threatened. This short article reflects on th..

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University of Melbourne Researchers

Grants

Awarded by Australian Research Council


Funding Acknowledgements

This article was produced under the auspices of an Australian Research Council (`ARC') Discovery Grant on `The Concept of "Imminence" in the International Protection of Refugees', DP160100079, and we acknowledge the generous support of the ARC.