Isabel Mota Borges
Førsteamanuensis II - Institutt for rettsvitenskap og styring
Borges, Isabel (2019)
Environmental Change, Forced Displacement and International Law : from legal protection gaps to protection solutions
This book explores the increasing concern over the extent to which those suffering from forced cross-border displacement as a result of environmental change are protected under international human rights law. Formally they are not entitled to admission or stay in a third state country, a situation that has been identified as an international "legal protection gap". The book seeks to provide answers to two basic questions: whether and to what extent existing international law protects cross-border environmental displacement, and whether and how existing formalized regional complementary protection standards can interpretively solidify and conceptualize protection for cross-border environmental displacement. The discussion outlines that the protection of the human person is not only an ex post facto obligation of states, but must be increasingly seen as an ex ante one. The analysis further suggests that the European Union regionally orientated protection regime can help states to consolidate an evolving protection paradigm of proactive and reactive measures being erected at the international level. It can also narrow the identified legal protection gaps. In so doing, it helps states to reconceptualise protection as a holistic and dynamic enterprise. This book will be of great interest to academics in law, political science and human rights, policy makers and civil society organisations both at national and international level.
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|
|2017 - Present||BI Norwegian Business School||Adjunct Associate Professor|