Legal Frameworks for Ecosystem-based Adaptation to Climate Change in the Pacific Islands PDF Download

Author: Ben Boer
Publisher:
ISBN: 9789820404403
Category : Climate change mitigation
Languages : en
Pages : 52

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Author: Randall Abate
Publisher: Edward Elgar Publishing
ISBN: 1781001804
Category : Law
Languages : en
Pages : 617

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'Climate Change and Indigenous Peoples offers the most comprehensive resource for advancing our understanding of one of the least coherently developed of climate change policy realms – legal protection of vulnerable indigenous populations. The first part of the book provides a tremendously useful background on the cultural, policy, and legal context of indigenous peoples, with special emphasis on developing general principles for climate change mitigation and adaptation solutions. The remainder of the volume then carefully and thoroughly works through how those general principles play out for different regional indigenous populations around the globe. All of the contributions to the volume are by leading experts who bring their insights and innovative thinking to bear on a truly complex subject. Whether as a novice's starting point or expert's desktop reference, I cannot think of a more useful resource for anyone interested in climate policy for indigenous peoples.' – J.B. Ruhl, Vanderbilt University Law School, US 'In Climate Change and Indigenous Peoples, editors Randy Abate and Elizabeth Kronk have assembled a truly comprehensive and informative look at the special issues that indigenous peoples face as a result of climate impacts and an overview of the law – international and domestic, climate change and human rights, substantive and procedural – that applies to those issues. One of the great strengths of the book is that no group of indigenous people is made to stand proxy for all the others; instead, after exploring the general issues facing all indigenous peoples and the general legal strategies they use, the book focuses most of its attention on the specific climate change issues that confront particular groups – South American indigenous peoples; the various tribes of Native Americans in the US; the indigenous peoples of the Arctic, collectively as well as in respect to particular Arctic countries; Pacific Islanders; indigenous peoples in Asia; the various groups of Aborigines and Torres Islanders in Australia; the Maori on New Zealand; and several tribes in Kenya, Africa. For people interested in climate change and climate change adaptation, this book provides a unique overview of the special vulnerabilities and plights of indigenous peoples, issues that must be considered as the world works to formulate effective and protective climate change adaptation policies. For people interested in indigenous peoples and international human rights, this book paints a grim picture of the various ways in which climate change threatens this very diverse group of cultural entities and the deep knowledge of place that they usually possess, while at the same time offering hope that the law can find ways to keep them from disappearing – and, indeed, that indigenous peoples might just help the rest of us to survive, as well.' – Robin Kundis Craig, University of Utah S.J. Quinney College of Law, US 'It is one of the world's cruelest ironies that some of the earliest effects of climate change are being felt by indigenous populations around the world, even though they contributed no more than trivial amounts of the greenhouse gases that are at the root of much of the problem, and they are so politically and economically powerless that they played no role in the decisions that have led to their plight. At the same time, many of these populations are victimized by certain actions designed to reduce emissions, such as land clearing for biofuels cultivation, and restrictions on forest use. Professors Abate and Kronk have assembled a formidable collection of experts from around the world who demonstrate the diversity of challenges facing these indigenous peoples, and the opportunities and challenges in using various international and domestic legal tools to seek redress. This book will be an invaluable resource for all those examining the legal remedies that may be available, either now or as the law develops in the years to come.' – Michael B. Gerrard, Columbia Law School, US This timely volume explores the ways in which indigenous peoples across the world are challenged by climate change impacts, and discusses the legal resources available to confront those challenges. Indigenous peoples occupy a unique niche within the climate justice movement, as many indigenous communities live subsistence lifestyles that are severely disrupted by the effects of climate change. Additionally, in many parts of the world, domestic law is applied differently to indigenous peoples than it is to their non-indigenous peers, further complicating the quest for legal remedies. The contributors to this book bring a range of expert legal perspectives to this complex discussion, offering both a comprehensive explanation of climate change-related problems faced by indigenous communities and a breakdown of various real world attempts to devise workable legal solutions. Regions covered include North and South America (Brazil, Canada, the US and the Arctic), the Pacific Islands (Fiji, Tuvalu and the Federated States of Micronesia), Australia and New Zealand, Asia (China and Nepal) and Africa (Kenya). This comprehensive volume will appeal to professors and students of environmental law, indigenous law and international law, as well as practitioners and policymakers with an interest in indigenous legal issues and environmental justice.

Author: Kheng-Lian Koh
Publisher: World Scientific
ISBN: 9814689750
Category : Law
Languages : en
Pages : 560

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Adaptation to Climate Change: ASEAN and Comparative Experiences presents a dynamic and comprehensive collection of works from legal scholars around the world that delves into a relatively new frontier on legal aspects of climate change adaptation with focus on the ASEAN region, both at the regional level as well as at the national level in some ASEAN countries — such as Malaysia, Philippines, and Thailand. Other countries not within ASEAN are also represented, such as Bangladesh, People's Republic of China, Sri Lanka, and the Republic of Taiwan. In doing so, it surveys one of the most important issues confronting developing countries today, and the challenges to building resilient societies. It is an essential source of reference for policy-makers, administrators, the private sector officials, scientists, academic scholars, climatologists, NGOs, and CSOs in ASEAN and the world. Contents:Foreword by Tommy Koh, Ambassado-at-LargePreface and AcknowledgmentsAbout the AuthorsKeynote Address by Raman Letchumanan, formerly Head of the Environment Division, ASEAN SecretariatTheme I: Coastal Warming and Sea Level Rise:Asia-Pacific Islander Responses to Climate Change (Ilan Kelman)Managing Southeast Asian Ecosystems to Reduce Coastal Population Vulnerability Under Sea Level Rise (Daniel A Friess)Theme II: Legal Frameworks/Policies/Governance for Climate Change:Adaptive Water Governance: Lessons Learned from Implementing an Ecosystem-Approach in Mesoamerica (Alejandro Iza, Alexandra Müller, and Valentina Nozza)Legal and Policy Framework for Ecosystem-Based Adaptation to Climate Change in Malaysia: A Reform Oriented Study (Abdul Haseeb Ansari)Policy and Legal Responses to Climate Change Adaptation in China: New Developments, New Challenges (Wang Xi and Gao Qi)Theme III: Key Future Impacts and Vulnerabilities:The Laws, Policies, and Institutions Relating to Climate Change in Thailand: Balancing between "Mitigation" and "Adaptation" (Kanongnij Sribuaiam)The Warsaw International Mechanism: Exploring the Structures and Functions to Address Loss and Damage Associated with Climate Change Impacts (M Hafijul Islam Khan) Geoengineering: An ASEAN Position (Jolene Lin)Theme IV: Economic Interconnections:Assessing Green Jobs in Taiwan: A Tri-Pillar Approach (Fan Chien-Te and Hsu Yun-Hsiang)Sustaining Growth, Climate Change, and Meeting Environmental Obligations: What can ASEAN Governments Do? (Euston Quah and Tan Tsiat Siong)Theme V: Some Case Studies:Options for Adaption to Climate Change (Richard L Ottinger, Wang Pianpian, and Kristen M Motel)Dealing with Climate Migrants: A New Challenge for Developing Nations (Asanga Gunawansa)Climate Change, Migration, and International Law in Southeast Asia (Benoît Mayer)Achieving Human Rights in an Era of Climate Disruption: The Philippines (Amado S Tolentino, Jr.)Theme VI: Adaptation — Disaster Management, Risk Reduction and Humanitarian Assistance:The Legal Regime of Climate Change Adaptation and Disaster Management in Taiwan: Focus on the Major Amendment Following the Devastating Typhoon Morakot of 2009 (Gao Ming-Zhi Anton)Legal Options for Mainstreaming Climate Change Disaster Risk Reduction in Governance for Kenya (Robert Kibugi)Land Tenure Systems as a Challenge for Disaster Recovery: Adapting to Extreme Weather Events after Typhoon Haiyan (Daniel Fitzpatrick and Caroline Compton)The Role of ASEAN in Disaster Management: Legal Frameworks and Case Study of Typhoon Haiyan/Yolanda (Koh Kheng-Lian and Rose-Liza Eisma-Osorio) Readership: Policy-makers, administrators, scientists, academic scholars, climatologists, NGOs and CSOs, and students in the fields of law and environmental science. Key Features:A dynamic collection of works from legal scholars around the world building knowledge in climate change adaptation, one of the important issues confronting people of todayPromotes a "whole of the world" approach to finding solutions to climate change and the challenges to building resilient societiesThis publication is focused on taking stock of legal and policy frameworks on climate change adaptation in ASEAN and other countriesKeywords:Climate Change Adaptation;Legal Frameworks;ASEAN;Nature-based Solutions;Warsaw International Loss and Damage;Mitigation

Author: Simon Chesterman
Publisher: Oxford Handbooks
ISBN: 0198793855
Category : Law
Languages : en
Pages : 904

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Book Description
The growing economic and political significance of Asia has exposed a tension in the modern international order. Despite expanding power and influence, Asian states have played a minimal role in creating the norms and institutions of international law; today they are the least likely to be parties to international agreements or to be represented in international organizations. That is changing. There is widespread scholarly and practitioner interest in international law at present in the Asia-Pacific region, as well as developments in the practice of states. The change has been driven by threats as well as opportunities. Transnational issues such as climate change and occasional flashpoints like the the territorial disputes of the South China and the East China Seas pose challenges while economic integration and the proliferation of specialized branches of law and dispute settlement mechanisms have also encouraged greater domestic implementation of international norms across Asia. These evolutions join the long-standing interest in parts of Asia (notably South Asia) in post-colonial theory and the history of international law. The Oxford Handbook of International Law in Asia and the Pacific brings together pre-eminent and emerging specialists to analyse the approach to and influence of key states of the region, as well as whether truly 'Asian' trends can be identified and what this might mean for international order.

Author: Stephanie Clair Price
Publisher: Springer
ISBN: 9811306028
Category : Social Science
Languages : en
Pages : 324

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​This book explores the opportunities and challenges associated with the legal protection of World Heritage sites in the Pacific Islands. It argues that the small Pacific representation on the World Heritage List is in part due to a lack of strong legal frameworks for heritage conservation, putting such sites under threat. Providing a comprehensive analysis of the nomination, listing and protection of the Solomon Island World Heritage Site, it examines the implementation of the World Heritage Convention in the Pacific context. It explores how the international community’s broadening interpretation of the notion of ‘outstanding universal value’ has increased the potential for Pacific heritage to be classified as ‘World Heritage’. This book also analyses the protection regime established by the Convention, and the World Heritage Committee’s approach to heritage conservation, identifying challenges associated with the protection of Pacific Island heritage.

Author: Margaretha Wewerinke-Singh
Publisher: Routledge
ISBN: 0429536488
Category : Law
Languages : en
Pages : 306

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Book Description
This volume examines environmental law and governance in the Pacific, focusing on the emerging challenges this region faces. The Pacific is home to some of the world’s most astonishing biological and cultural diversity. At the same time, Pacific Island nations are economically and technically under-resourced in the face of tremendous environmental challenges. Destructive weather events, ocean acidification, mining, logging, overfishing, and pollution increasingly degrade ecosystems and affect fishing, farming, and other cultural practices of Pacific Islanders. Accordingly, there is an urgent need to understand and analyse the role of law and governance in responding to these pressures in the Pacific. Drawing on academic and practitioner expertise from the Pacific region, as well as Europe and the United States, this unique collection navigates the major environmental law and governance challenges of the present and future of the Pacific. Environmental Law and Governance in the Pacific discusses 21 Pacific Island countries and territories, including Cook Islands, Fiji, Papua New Guinea, Solomon Islands, Vanuatu, and Samoa, and a broad range of themes, such as deep-sea mining, wetlands and mangroves, heritage, endangered species, human rights, and access to justice, are addressed, thus providing a comprehensive and state-of-the-art overview of environmental law and governance within specific jurisdictions as well as across the Pacific region as a whole. This volume will be essential reading for students and scholars interested in environmental law and governance in the Pacific region, as well as policy-makers, practitioners and NGOs involved in the development and implementation of environmental law and policy.

Author: Ottavio Quirico
Publisher: Routledge
ISBN: 1317662687
Category : Law
Languages : en
Pages : 410

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Book Description
Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Author: Victoria Keener
Publisher: NCA Regional Input Reports
ISBN: 9781610914277
Category : Nature
Languages : en
Pages : 0

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Book Description
Prepared for the 2013 National Climate Assessment and a landmark study in terms of its breadth and depth of coverage, Climate Change and the Pacific Islands was developed by the Pacific Islands Regional Climate Assessment, a collaborative effort engaging federal, state, and local government agencies, non-government organizations, academician, businesses, and community groups to inform and prioritize their activities in the face of a changing climate. The book assesses the state of knowledge about climate change indicators, impacts, and adaptive capacity of the Hawaiian archipelago and the US-Affiliated Pacific Islands. The book provides the basis for understanding the key observations and impacts from climate change in the region, including the rise in surface air and sea-surface temperatures, along with sea levels, and the changes in ocean chemistry, rainfall amount and distribution, weather extremes, and widespread ecosystem changes. Rich in science and case studies, it examines the latest climate change impacts, scenarios, vulnerabilities, and adaptive capacity and offers decision makers and stakeholders a substantial basis from which to make informed choices that will affect the well-being of the region’s inhabitants in the decades to come.

Author: Jon Barnett
Publisher: Earthscan
ISBN: 1849774897
Category : Business & Economics
Languages : en
Pages : 233

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Book Description
Small Island Developing States are often depicted as being among the most vulnerable of all places to the effects of climate change, and they are a cause c?l?bre of many involved in climate science, politics and the media. Yet while small island developing states are much talked about, the production of both scientific knowledge and policies to protect the rights of these nations and their people has been remarkably slow.This book is the first to apply a critical approach to climate change science and policy processes in the South Pacific region. It shows how groups within politically and scientifically powerful countries appropriate the issue of island vulnerability in ways that do not do justice to the lives of island people. It argues that the ways in which islands and their inhabitants are represented in climate science and politics seldom leads to meaningful responses to assist them to adapt to climate change. Throughout, the authors focus on the hitherto largely ignored social impacts of climate change, and demonstrate that adaptation and mitigation policies cannot be effective without understanding the social systems and values of island societies.

Author: VanderZwaag, David L.
Publisher: Edward Elgar Publishing
ISBN: 178990014X
Category : Law
Languages : en
Pages : 320

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Book Description
This important Research Handbook provides a guide to navigating the tangled array of laws and policies available to counter the ominous threats of ocean acidification. It investigates the limitations and opportunities for addressing ocean acidification under national, regional and global governance frameworks, including multilateral environmental agreements, law of the sea and human rights instruments.