Disappearing Island States in International Law

Disappearing Island States in International Law

Author: Jenny Grote Stoutenburg

Publisher: BRILL

Published: 2015-07-28

Total Pages: 504

ISBN-13: 9004303014

DOWNLOAD EBOOK

Several low-lying atoll island states are at risk of losing their entire territory due to climate change-induced sea level rise. In Disappearing Island States in International Law, Jenny Grote Stoutenburg examines the most relevant and pressing international legal questions facing threatened island states: at which point would a sovereign state disappear? Who could make that determination? Which legal status would its citizens have? What would happen to the state’s maritime entitlements and its international rights and obligations? Does international law protect the international legal personality of states that lose their effective statehood for reasons beyond their control? In answering these questions, the book goes to the root of a fundamental problem of international law: the nature of statehood.


Atoll Island States and International Law

Atoll Island States and International Law

Author: Lilian Yamamoto

Publisher: Springer Science & Business Media

Published: 2013-10-25

Total Pages: 318

ISBN-13: 3642381863

DOWNLOAD EBOOK

Atoll Island States exist on top of what is perceived to be one of the planet's most vulnerable ecosystems: atolls. It has been predicted that an increase in the pace of sea level rise brought about by increasing greenhouse gas concentrations in the atmosphere will cause them to disappear, forcing their inhabitants to migrate. The present book represents a multidisciplinary legal and engineering perspective on this problem, challenging some common misconceptions regarding atolls and their vulnerability to sea-level rise. Coral islands have survived past changes in sea levels, and it is the survival of coral reefs what will be crucial for their continued existence. These islands are important for their inhabitants as they represent not only their ancestral agricultural lands and heritage, but also a source of revenue through the exploitation of the maritime areas associated with them. However, even if faced with extreme climate change, it could theoretically be possible for the richer Atoll Island States to engineer ways to prevent their main islands from disappearing, though sadly not all will have the required financial resources to do so. As islands become progressively uninhabitable their residents will be forced to settle in foreign lands, and could become stateless if the Atoll Island State ceases to be recognized as a sovereign country. However, rather than tackling this problem by entering into lengthy negotiations over new treaties, more practical solutions, encompassing bilateral negotiations or the possibility of acquiring small new territories, should be explored. This would make it possible for Atoll Island States in the future to keep some sort of international sovereign personality, which could benefit the descendents of its present day inhabitants.


Threatened Island Nations

Threatened Island Nations

Author: Michael B. Gerrard

Publisher: Cambridge University Press

Published: 2013-01-21

Total Pages: 661

ISBN-13: 1107025761

DOWNLOAD EBOOK

This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans.


Climate Change, Forced Migration, and International Law

Climate Change, Forced Migration, and International Law

Author: Jane McAdam

Publisher: Oxford University Press

Published: 2012-02-23

Total Pages: 338

ISBN-13: 0199587086

DOWNLOAD EBOOK

This is a key study into whether 'climate change refugees' are protected by international law. It examines the reasons why people do or do not move; how far climate change is a trigger for movement; and whether traditional international responses, such as creating new treaties and new institutions, are appropriate solutions in this context.


Climate Change and Displacement

Climate Change and Displacement

Author: Jane McAdam

Publisher: Bloomsbury Publishing

Published: 2010-09-06

Total Pages: 274

ISBN-13: 184731600X

DOWNLOAD EBOOK

Environmental migration is not new. Nevertheless, the events and processes accompanying global climate change threaten to increase human movement both within states and across international borders. The Inter-governmental Panel on Climate Change has predicted an increased frequency and severity of climate events such as storms, cyclones and hurricanes, as well as longer-term sea level rise and desertification, which will impact upon people's ability to survive in certain parts of the world. This book brings together a variety of disciplinary perspectives on the phenomenon of climate-induced displacement. With chapters by leading scholars in their field, it collects in one place a rigorous, holistic analysis of the phenomenon, which can better inform academic understanding and policy development alike. Governments have not been prepared to take a leading role in developing responses to the issue, in large part due to the absence of strong theoretical frameworks from which sound policy can be constructed. The specialist expertise of the authors in this book means that each chapter identifies key issues that need to be considered in shaping domestic, regional and international responses, including the complex causes of movement, the conceptualisation of migration responses to climate change, the terminology that should be used to describe those who move, and attitudes to migration that may affect decisions to stay or leave. The book will help to facilitate the creation of principled, research-based responses, and establish climate-induced displacement as an important aspect of both the climate change and global migration debates.


Statehood under Water

Statehood under Water

Author: Alejandra Torres Camprubí

Publisher: BRILL

Published: 2016-07-11

Total Pages: 338

ISBN-13: 9004321616

DOWNLOAD EBOOK

In Statehood under Water, Alejandra Torres Camprubí revisits the concept of statehood through an analysis on how sea-level rise and the Anthropocene challenge the territorial, demographical, and political dimensions of the State. Closely examining the fight for survival undertaken by low-lying Pacific Island States, the author engages with the legal and policy innovations necessary to address these new scenarios. This monograph reacts against overly formal approaches to the law on statehood, and is devoted to the reconstruction of the context in which both the challenges, and the measures adopted to tackle them, are taking place. Progressively forged within the international community, it is the kind of political and ethical framework that will soon inform the potential transformation of the law on statehood.


The Regime of Islands Reframed

The Regime of Islands Reframed

Author: Clive Schofield

Publisher: BRILL

Published: 2021-02-08

Total Pages: 132

ISBN-13: 9004449477

DOWNLOAD EBOOK

In The Regime of Islands Reframed, Clive Schofield examines the definition of islands and other insular features under the international law of the sea with particular reference to the South China Sea case between China and the Philippines which has served to reframe understanding of this contentious area of international law.


International Law and Sea Level Rise

International Law and Sea Level Rise

Author: Davor Vidas

Publisher: BRILL

Published: 2019-03-27

Total Pages: 92

ISBN-13: 9004398198

DOWNLOAD EBOOK

This book contains the final version of the 2018 Report of the International Law Association (ILA) Committee on International Law and Sea Level Rise, as well as the related ILA Resolutions 5/2018 and 6/2018, both as adopted by the ILA at its 78th Biennial Conference, held in Sydney, Australia, 19–24 August 2018. In Part I of the Report, key information about the establishment of the Committee, its mandate and its work so far is presented. Part II of the Report addresses key law of the sea issues through a study of possible impacts of sea level rise and their implications under international law regarding maritime limits lawfully determined by the coastal States, and the agreed or adjudicated maritime boundaries. Part III of the Report addresses international law provisions, principles and frameworks for the protection of persons displaced in the context of sea level rise.


International Climate Change Law

International Climate Change Law

Author: Daniel Bodansky

Publisher: Oxford University Press

Published: 2017

Total Pages: 417

ISBN-13: 0199664293

DOWNLOAD EBOOK

A perfect introduction to climate change law, this textbook offers students and scholars an overview of the international law governing this fundamental issue. It demonstrates how to interpret the language used in the applicable instruments and conventions, and sets climate change law in its broader international legal context.


Baselines under the International Law of the Sea

Baselines under the International Law of the Sea

Author: Coalter G. Lathrop

Publisher: BRILL

Published: 2019-03-27

Total Pages: 185

ISBN-13: 9004398147

DOWNLOAD EBOOK

Baselines under the International Law of the Sea brings together two reports produced by the International Law Association (ILA) Committee on Baselines under the International Law of the Sea between 2008 – 2018. The Sofia Report (2012) is organized around the interpretation of Article 5 of the 1982 United Nations Convention on the Law of the Sea (LOSC) concerning the normal baseline. The Sydney Report (2018) is organized around a common methodology in assessing Articles 7, 8, 10, 13, 14 and 47 of the LOSC concerning straight baselines, closing lines, and straight archipelagic baselines.