A influência do Norte Global no instituto do refúgio: uma análise da decisão do Comitê de Direitos Humanos sobre o caso Ioane Teitiota versus Nova Zelândia a partir das Abordagens Terceiro-mundistas ao Direito Internacional

Abstract

The increase in environmental degradation and its disasters driven by climate change has led to a growing flow of people, generating a migration crisis. Both the climate and migration crisis are triggering a series of political, economic, social conflicts, significantly affecting international relations. Based on this, the work identified the problem of "environmental refugees" who do not yet have adequate legal recognition in international law, so that it guarantees an efficient international protection of these individuals. The debate proposed in this article aims to identify how the influence of the Global North manifests itself in the definition of the asylum institute in reality. More specifically, the research proposes to investigate how this influence is manifested in the decisions of international human rights oversight bodies through the study of the case Ioane Teitiota versus New Zealand from the Third-Party Approaches to international law. As a result, it is concluded that the failure to grant refugee status to Teitiota and the Committee’s decision not to challenge it indicate that the asylum institute in its current form still reflects a Eurocentric and restrictive approach, revealing a considerable gap in the global response to the climate change-induced migration crisis.