Environmental Change, Forced Displacement and International Law PDF Download

Author: Isabel M. Borges
Publisher: Routledge
ISBN: 1351361791
Category : Law
Languages : en
Pages : 245

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Book Description
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.

Author: Jane McAdam
Publisher: Oxford University Press
ISBN: 0199587086
Category : Law
Languages : en
Pages : 338

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Book Description
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: Giovanni Sciaccaluga
Publisher: Springer Nature
ISBN: 3030524027
Category : Law
Languages : en
Pages : 230

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Book Description
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: Robert McLeman
Publisher: Routledge
ISBN: 1317272242
Category : Business & Economics
Languages : en
Pages : 518

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Book Description
The last twenty years have seen a rapid increase in scholarly activity and publications dedicated to environmental migration and displacement, and the field has now reached a point in terms of profile, complexity, and sheer volume of reporting that a general review and assessment of existing knowledge and future research priorities is warranted. So far, such a product does not exist. The Routledge Handbook of Environmental Displacement and Migration provides a state-of-the-science review of research on how environmental variability and change influence current and future global migration patterns and, in some instances, trigger large-scale population displacements. Drawing together contributions from leading researchers in the field, this compendium will become a go-to guide for established and newly interested scholars, for government and policymaking entities, and for students and their instructors. It explains theoretical, conceptual, and empirical developments that have been made in recent years; describes their origins and connections to broader topics including migration research, development studies, and international public policy and law; and highlights emerging areas where new and/or additional research and reflection are warranted. The structure and the nature of the book allow the reader to quickly find a concise review relevant to conducting research or developing policy on particular topics, and to obtain a broad, reliable survey of what is presently known about the subject.

Author: Jane McAdam
Publisher: Bloomsbury Publishing
ISBN: 184731600X
Category : Law
Languages : en
Pages : 274

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Book Description
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.

Author: Dimitra Manou
Publisher: Routledge
ISBN: 1317222334
Category : Business & Economics
Languages : en
Pages : 268

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Book Description
Climate Change already having serious impacts on the lives of millions of people across the world. These impacts are not only ecological, but also social, economic and legal. Among the most significant of such impacts is climate change-induced migration. The implications of this on human rights raise pressing questions, which require serious scholarly reflection. Drawing together experts in this field, Climate Change, Migration and Human Rights offers a fresh perspective on human rights law and policy issues in the climate change regime by examining the interrelationships between various aspects of human rights, climate change and migration. Three key themes are explored: understanding the concepts of human dignity, human rights and human security; the theoretical nexus between human rights, climate change and migration or displacement; and the practical implications and challenges for lawyers and policy-makers of protecting human dignity in the face of climate change and displacement. The book also includes a series of case studies from Alaska, Bangladesh, Kenya and the Pacific islands which aim to improve our understanding of the theoretical and practical implications of climate change for human rights and migration. This book will be of great interest to scholars of environmental law and policy, human rights law, climate change, and migration and refugee studies.

Author: Benoît Maye
Publisher: Edward Elgar Publishing
ISBN: 1785366599
Category :
Languages : en
Pages : 520

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Book Description
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: Stellina Jolly
Publisher: Springer
ISBN: 9811331375
Category : Law
Languages : en
Pages : 288

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Book Description
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: Lilian Yamamoto
Publisher: Springer Science & Business Media
ISBN: 3642381863
Category : Law
Languages : en
Pages : 307

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Book Description
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.

Author: Damir K. Bekyashev
Publisher: Cambridge Scholars Publishing
ISBN: 1443898163
Category : Law
Languages : en
Pages : 190

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Book Description
This book brings together research on various aspects of environmental migration in the context of international law, with a particular focus on the emergence and development of regulation in the field of environmental migration at the global and regional levels. It discusses a theoretical framework for international regulation of environmental migration, analysing the notion and legal status of environmental migrants, categories of environmentally displaced persons, problems of legal regulation in the field of environmental migration at the international level, as well as specific circumstances of international labour migration induced by environmental factors. The annexes here bring together the most important international acts governing various aspects of forced and labour migration. As such, the book will appeal to international law experts, students, post-graduate students, researchers, and the general reader interested in international migration law.