Facilitating the Resettlement and Rights of Climate Refugees
Facilitating the Resettlement and Rights of Climate Refugees

Author: Avidan Kent

Publisher: Routledge

Published: 2018-03-26

Total Pages: 170

ISBN-13: 1351175688

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One of the most significant impacts of climate change is migration. Yet, to date, climate-induced migrants are falling within what has been defined by some as a ‘protection gap’. This book addresses this issue, first by identifying precisely where the gap exists, by reviewing the relevant legal tools that are available for those who are currently, and who will in the future be displaced because of climate change. The authors then address the relevant actors; the identity of those deserving protection (displaced individuals), as well as other bearers of rights (migration-hosting states) and obligations (polluting states). The authors also address head-on the contentious topic of definitions, concluding with the provocative assertion that the term ‘climate refugees’ is indeed correct and should be relied upon. The second part of the book looks to the future by advocating specific legal and institutional pathways. Notably, the authors support the use of international environmental law as the most adequate and suitable regime for the regulation of climate refugees. With respect to the role of institutions, the authors propose a model of ‘cross-governance’, through which a more inclusive and multi-faceted protection regime could be achieved. Addressing the regulation of climate refugees through a unique collaboration between a refugee lawyer and an environmental lawyer, this book will be of great interest to scholars and professionals in fields including international law, environmental studies, refugee studies and international relations.

Climate Refugees
Climate Refugees

Author: Simon Behrman

Publisher: Cambridge University Press

Published: 2022-03-17

Total Pages: 397

ISBN-13: 1108830722

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A discussion of cutting-edge developments in policy on climate change and forced displacement from leading academics and practitioners.

International Law and the Protection of “Climate Refugees”
International Law and the Protection of “Climate Refugees”

Author: Giovanni Sciaccaluga

Publisher: Springer Nature

Published: 2020-08-05

Total Pages: 230

ISBN-13: 3030524027

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This book studies the topic of forced climate migrants (commonly referred to as “climate refugees”) through the lens of international law and identifies the reasons why these migrants should be granted international protection. Through an analysis focused on climate change and human rights international law, it points out the legal principles and rules upon which an international obligation to protect persons forced to migrate due to climate change is emerging. Sciaccaluga advocates for a state obligation to protect climate migrants when their origin countries have become extremely environmentally fragile due to climate change—to the point of becoming unable to guarantee the exercise of inalienable human rights in their territories. Turning to the future, this book then investigates the current elements on which a “forced climate migrants law” could be built, ultimately arguing for the duty to provide some form of assistance to forced climate migrants in a third state within the international legal system.

Loss and Damage from Climate Change
Loss and Damage from Climate Change

Author: Reinhard Mechler

Publisher: Springer

Published: 2018-11-28

Total Pages: 563

ISBN-13: 3319720260

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This book provides an authoritative insight on the Loss and Damage discourse by highlighting state-of-the-art research and policy linked to this discourse and articulating its multiple concepts, principles and methods. Written by leading researchers and practitioners, it identifies practical and evidence-based policy options to inform the discourse and climate negotiations. With climate-related risks on the rise and impacts being felt around the globe has come the recognition that climate mitigation and adaptation may not be enough to manage the effects from anthropogenic climate change. This recognition led to the creation of the Warsaw International Mechanism on Loss and Damage in 2013, a climate policy mechanism dedicated to dealing with climate-related effects in highly vulnerable countries that face severe constraints and limits to adaptation. Endorsed in 2015 by the Paris Agreement and effectively considered a third pillar of international climate policy, debate and research on Loss and Damage continues to gain enormous traction. Yet, concepts, methods and tools as well as directions for policy and implementation have remained contested and vague. Suitable for researchers, policy-advisors, practitioners and the interested public, the book furthermore: • discusses the political, legal, economic and institutional dimensions of the issue• highlights normative questions central to the discourse • provides a focus on climate risks and climate risk management. • presents salient case studies from around the world.

The International Legal Challenges of Climate-Induced Migration
The International Legal Challenges of Climate-Induced Migration

Author: Benoit Mayer

Publisher:

Published: 2011

Total Pages: 0

ISBN-13:

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Tens and maybe hundreds of millions of people have been or are about to be displaced because of rising sea levels or land degradation induced by global warming. In some cases, internal displacement of the population is not possible, either because their territory may become entirely uninhabitable (e.g.: the Maldives) or because the unaffected part of their territory is not able to absorb the whole displaced population (e.g.: Bangladesh). The increasing masses of "climate migrants" cannot benefit from any appropriate protection under today's international law, as they do not fulfill legal conditions to be treated as "refugees." The vulnerability of climate migrants is contrary to the humanitarian conception of Human Rights and goes against the principle of common but differentiated responsibility for climate change. An international legal framework on climate change-induced migrations should be established as soon as possible to provide a sustainable solution, protect affected individuals and communities, and reconcile international funding and local decision-making. It would be unlikely that an international treaty could receive a sufficient number of ratifications to be efficient and, additionally, it would not be able to sufficiently take into account the specificity of each migration scenario. Therefore, this paper proposes a framework that could be adopted by a United Nations General Assembly resolution. The proposed resolution would recognize climate migrants' fundamental rights, but could also create an agency in charge of facilitating and supervising bilateral or regional ad hoc negotiations on the resettlement of the most affected populations.

Climate Change and Displacement
Climate Change and Displacement

Author: Jane McAdam

Publisher: Bloomsbury Publishing

Published: 2010-09-06

Total Pages: 274

ISBN-13: 184731600X

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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.

Climate Refugees
Climate Refugees

Author: Simon Behrman

Publisher: Cambridge University Press

Published: 2022-02-28

Total Pages:

ISBN-13: 1108904610

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The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

The Concept of Climate Migration
The Concept of Climate Migration

Author: Benoît Mayer

Publisher: Edward Elgar Publishing

Published: 2016-11-25

Total Pages: 391

ISBN-13: 1786431734

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This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.

Repairing Domestic Climate Displacement
Repairing Domestic Climate Displacement

Author: Scott Leckie

Publisher: Routledge

Published: 2015-08-27

Total Pages: 220

ISBN-13: 1317417119

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Climate change, sometimes thought of as a problem for the future, is already impacting people’s lives around the world: families are losing their homes, lands and livelihoods as a result of sea level rise, increased frequency and intensity of storms, drought and other phenomena. Following several years of preparatory work across the globe, legal scholars, judges, UN officials and climate change experts from 11 countries came together to finalise a new normative framework aiming to strengthen the right of climate-displaced persons, households and communities. This resulted in the approval of the Peninsula Principles on Climate Displacement within States in August 2013. This book provides detailed explanations and interpretations of the Peninsula Principles and includes in-depth discussion of the legal, policy and programmatic efforts needed to uphold the standards and norms embedded in the Principles. The book provides policy-makers with the conceptual understanding necessary to ensure that national-level policies are in place to respond to the climate displacement challenge, as well as a firm sense of the programme-level approaches that can be taken to anticipate, reduce and manage climate displacement. It also provides students and policy advocates with the necessary information to debate and critique responses to climate displacement at different levels. Drawing together key thinkers in the field, this volume will be of great relevance to scholars, lawyers, legal advisors and policy-makers with an interest in climate change, environmental policy, disaster management and human rights law and policy.