Isabel Mota Borges
Førsteamanuensis II - Institutt for rettsvitenskap og styring
borges, isabel (2018)
Safeguarding Human Rights through Public Procurement Law: Recent Developments in Norway
The Public Procurement Law Review, 27(4), s. 121- 129.
borges, isabel (2017)
The EU-Turkey Agreement: Refugees, Rights and Public Policy
Rutgers Race & Law, 18(2), s. 121- 143.
borges, isabel (2017)
The Responsibility of Transnational Corporations in the Realisation of Children's Rights
University of Baltimore Journal Of International Law, V(1), s. 1- 41. Doi: http://scholarworks.law.ubalt.edu/ubjil/vol5/iss1/2/
Borges, Isabel Mota (2016)
Environmental Displacement and John Rawls' "General Conception" of Justice
Environmental Justice, 9(3), s. 77- 84. Doi: 10.1089/env.2016.0004
This article uses John Rawls' general conception of justice to identify some of the difficulties faced by those people who are forced to move due to environmental stress factors. It aims to highlight that environmental displacement leads to inequalities as injustices. It then showcases these losses and the risks intrinsic to environmental displacement. Finally, it problematizes the lack of legal protection for environmentally displaced persons also as an injustice issue and urges states to consider a just model of protection.
Borges, Isabel Mota (2013)
Protection Starts at home but does not stop there! The dynamics of the human rights obligations of states for protecting environmentally displaced persons
Colombian Law Review on International Law: Special Edition on Forced Migration, s. 17- 49.
Environmental degradation and the effects of climate change have direct and indirect impacts on the effective enjoyment of human rights. Countries where the effects of environmental change and degradation occur are mostly likely to be vulnerable to human displacement, due to the lack of available adaptation resources, poor human resource implementation capacity and often a deficient human rights protection record. Such countries are also the ones least likely to proactively lobby governments at the national and international levels. While the exact number of people displaced is hard to estimate predictions are of approximately 150 million of environmentally displaced persons by 2050. This analysis starts by portraying the human impacts of environmental change, and then concentrates on the home states obligations under international human rights standards in parallel scruti- ny with regional and international jurisprudence. The aim is to establish which duties home states have with regards to respecting human rights and ensuring a healthy and safe environment by avoiding environmental degradation. A further aim is to establish how states duties are transferable in the environmental change context; in particular, what protecting obliga- tions states have towards environmentally displaced persons. This paper explores the duty of states to protect environmentally displaced people through a “dynamic model of internalisation of protection obligations”: respecting and fulfilling people’s needs in an interactive, international assistance, cooperative and participatory process. Ultimately, the global polity of states must find ways to deal with new legislative challenges in this current world of permanent emergencies of natural and human made environmental degradation and change.
|2016||University of Oslo, Faculty of Law||PhD|