International Law And The Protection Of Climate Refugees
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| Author | : Giovanni Sciaccaluga |
| Publisher | : Springer Nature |
| Total Pages | : 230 |
| Release | : 2020-08-05 |
| Genre | : Law |
| ISBN | : 3030524027 |
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.
| Author | : Jane McAdam |
| Publisher | : Oxford University Press |
| Total Pages | : 338 |
| Release | : 2012-02-23 |
| Genre | : Law |
| ISBN | : 0199587086 |
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.
| Author | : Simon Behrman |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2022-02-28 |
| Genre | : Political Science |
| ISBN | : 1108904610 |
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.
| Author | : Simon Behrman |
| Publisher | : Cambridge University Press |
| Total Pages | : 397 |
| Release | : 2022-03-17 |
| Genre | : Law |
| ISBN | : 1108830722 |
A discussion of cutting-edge developments in policy on climate change and forced displacement from leading academics and practitioners.
| Author | : Guy S. Goodwin-Gill |
| Publisher | : Oxford University Press |
| Total Pages | : 847 |
| Release | : 2007 |
| Genre | : Art |
| ISBN | : 0199281300 |
Millions of people are forced to flee their homes as a result of various forms of persecution. The instruments to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines challenges to the Convention.
| Author | : Stellina Jolly |
| Publisher | : Springer |
| Total Pages | : 302 |
| Release | : 2018-12-28 |
| Genre | : Law |
| ISBN | : 9811331375 |
This book addresses the forms of legal protection extended to people displaced due to the consequences of climate change, and who have either become refugees by crossing international borders or are climatically displaced persons (CDPs) in their own homelands. It explores the legal response of the South Asian Jurisdictions to these refugee-like situations, and also to what extent these people are protected under current international law. The book critically examines and assesses whether States have obligations to protect people displaced by climate change under international refugee law (IRL) and international climate change law (ICCL). It discusses the issue of climate migration in South Asia, analyzes the legal and judicial response initiated by South Asian nations, and also investigates the role of SAARC in relation to climate change and climate refugees. Drawing on the International Legal Standards and States’ Practices in South Asia regarding climate refugees, the book shows how IRL, ICCL, and IHRL (international human rights law) have been used to address and identify the gaps in the global legal protection framework concerning the contours of the normative debate on climate refugees, climate change displacement, migration, forced migration, susceptibility to climate change, typology of climate change-induced displacement, role of the SAARC and its municipal legal systems, approaches to climate change, human mobility and developing a hybrid regional law, or advocating a legal alternative of equal measure in a region characterized by diversity and multiculturalism. The book offers valuable takeaways for students, researchers, consultants, practitioners and policymakers alike.
| Author | : Matthew Scott |
| Publisher | : Cambridge University Press |
| Total Pages | : |
| Release | : 2019-12-31 |
| Genre | : Political Science |
| ISBN | : 1108787770 |
Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.
| Author | : Benoît Maye |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 505 |
| Release | : 2017-10-27 |
| Genre | : Law |
| ISBN | : 1785366599 |
This comprehensive Research Handbook provides an overview of the debates on how the law does, and could, relate to migration exacerbated by climate change. It contains conceptual chapters on the relationship between climate change, migration and the law, as well as doctrinal and prospective discussions regarding legal developments in different domestic contexts and in international governance.
| Author | : Daniel Bodansky |
| Publisher | : Oxford University Press |
| Total Pages | : 417 |
| Release | : 2017 |
| Genre | : Law |
| ISBN | : 0199664293 |
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.
| Author | : Isabel M. Borges |
| Publisher | : Routledge |
| Total Pages | : 245 |
| Release | : 2018-12-07 |
| Genre | : Law |
| ISBN | : 1351361791 |
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.
