Legal Protection for environmental migrants: current challenges and Ways Forward PDF Download

Author: Viviane Passos Gomes
Publisher: Punto Rojo Libros
ISBN: 841776884X
Category : Law
Languages : en
Pages : 130

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Book Description
This book describes the worrying scenario that reflects the urgency and importance of dealing with the situation of environmental migrants, especially considering that the environmental migration crisis is already greater than the migratory crisis due to war refugees. The first major problem in this environmental context is that there is no specific rule in international law to address this issue. In the face of this problem, far from exhausting all possible solutions on the theme, this book intended to plant a seed of reflection, based on an analysis of the current legal and political context, and outlining the possible paths to follow. New living conditions demand a paradigm shift in the human lifestyle, changing thoughts and attitudes at the individual and group level as reflected in national and international policies. It begins with the notion of conscience and interdependence. It begins, above all, with the notion of empathy and solidarity, understanding that tomorrow it may be one of us that needs this help that we are denying today.

Author: Aylin Yildiz Noorda
Publisher: BRILL
ISBN: 9004522360
Category : Law
Languages : en
Pages : 282

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Book Description
The open access publication of this book has been published with the support of the Swiss National Science Foundation. Climate change is forcing us to consider the right of people to leave their disappearing homelands, and the shape this right should take. Climate Change, Disasters and People on the Move proposes international protection as a solution with three pillars: granting protection against return to the country of origin (non-refoulement); preventing future displacement; and facilitating safe, orderly, and regular migration in the context of disasters and climate change. Dr. Aylin Yildiz Noorda uses the theories of common concern of humankind and community interests to operationalise her proposal, providing a blueprint for future claims.

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: Emília Lana de Freitas Castro
Publisher: Transnational Press London
ISBN: 1910781770
Category : Law
Languages : en
Pages : 128

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Book Description
This book emerges from those fruitful discussions as a collection of some of the matters presented, whose authors have virtuously stood out. Just as the previous books that arose from other TMC editions, Current Challenges in Migration Policy and Law gives the opportunity not only to experienced professors and researches but especially to young scholars to divulge their studies and present their experiences in the various research fields migration can be discussed, rethought and further developed. We are thankful to Transnational Press London as it believed in our aspirations as editors and it stimulated us to be protagonists in the process of editing and building up this book the way we believed it would contribute to the current discussions on migration. As scholars and young researchers, we are delighted by this opportunity created by Professor Sirkeci. “International migration is one of the most challenging and critical factors shaping the future of societies and economies today. Its accumulated complexity challenges academics, politicians, professionals and citizens. Bringing together the voices of authors from diverse countries and backgrounds, belonging to a new generation of researchers, this book brings new clues to understand how modern policies are built and new tools to act for a better world.” – João Peixoto, Lisbon School of Economics and Management (ISEG), Universidade de Lisboa, Portugal Contents INTRODUCTION Emília Lana de Freitas Castro and Sergio Maia Tavares Marques CHAPTER 1. RESTRICTIVE ASYLUM POLICIES AND REFLECTIONS IN THE LABOUR MARKET: THE CASES OF ITALY AND TURKEY Anita C. Butera and Secil Ertorer CHAPTER 2. HOW FAR DO MORAL VALUES SHAPE THE LEGAL TERMINOLOGY USED IN INTERNATIONAL CONVENTIONS CONCERNING MIGRANT WORKERS? Sureyya Sonmez Efe CHAPTER 3. A HUMAN RIGHT TO RELOCATE: THE CASE FOR CLIMATE MIGRANTS Melina Duarte CHAPTER 4. CLIMATE CHANGE MIGRATION AS AN ADAPTATION STRATEGY: THE ADAPTATION APPROACH THEORY AND THE PARIS AGREEMENT Giulia Manccini Pinheiro CHAPTER 5. WHOSE DIASPORA? RETHINKING DIASPORA POLITICS: CHINA’S OVERSEAS CHINESE ENGAGEMENT IN TRANSNATIONAL SPACES Carsten Schäfer CHAPTER 6. “OUT OF SIGHT, OUT OF MIND”. MANAGING MIGRATION FLOWS WITH TURKEY AS A “SAFE THIRD COUNTRY”? Annalisa Geraci CHAPTER 7. SOFT LAW, EFFECTIVENESS OF FUNDAMENTAL RIGHTS AND MIGRATION: HOW EFFECTIVE ARE MIGRANTS’ FUNDAMENTAL RIGHTS IN AN ERA OF EUROPEAN GOVERNANCE? Roila Mavrouli

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: Randall S. Abate
Publisher: Cambridge University Press
ISBN: 110848011X
Category : Business & Economics
Languages : en
Pages : 261

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Book Description
Identifies the common vulnerabilities of the voiceless and demonstrates how the law can evolve to protect their interests more effectively.

Author: Hamdan, Mahani
Publisher: IGI Global
ISBN:
Category : Business & Economics
Languages : en
Pages : 477

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Book Description
Major paradigm shifts are occurring at rates that are difficult to keep up with, such as a rise in neoliberal paradigm trends, the emergence of new paradigms in response to global challenges, the role of international organizations in promoting new policy paradigms, and the challenges of implementing new policy paradigms in different national contexts. To remain informed, a reference of these shifts is needed. Global Trends in Governance and Policy Paradigms dissects the intricate fabric of global governance through the lens of evolving policy paradigms. This book explores key themes that have shaped and continue to influence the trajectory of global policy and contemporary governance. The narrative unfolds by scrutinizing the ascendancy of the neoliberal paradigm and dissecting its impact on global governance structures. Beyond this, the text navigates through the dynamic responses of the international community to emerging global challenges, highlighting the role of influential international organizations in shaping and propagating innovative policy paradigms. This book establishes a comprehensive framework for understanding evidence-based policymaking, a crucial facet in the evolving discourse of global governance. Each chapter meticulously examines diverse dimensions, from the intersection of artificial intelligence and public policy to the intricacies of Islamic governance and the implications of emerging technologies on regulatory frameworks.

Author: Thomas Faist
Publisher: Springer Science & Business Media
ISBN: 9400762089
Category : Science
Languages : en
Pages : 259

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Book Description
This book addresses environmental and climate change induced migration from the vantage point of migration studies, offering a broad spectrum of approaches for considering the environment/climate/migration nexus. Research on the subject is still frequently narrowed down to climate change vulnerability and the environmental push factor. The book establishes the interconnections between societal and environmental vulnerability, and migration and capability, allowing appreciation of migration in the frame of climate as a case of spatial and social mobility, that is, as a strategy of persons and groups to deal with a grossly unequal distribution of life chances across the world. In their introduction, the editors fan out the current debate and state the need to transcend predominantly policy-oriented approaches to migration. The first section of the volume focuses on “Methodologies and Methods” and presents very distinct approaches to think climate induced migration. Subsequent chapters explore the sensitivity of existing migration flows to climate change in Ghana and Bangladesh, the complex relationship between migration, demographic change and coping capacities in Canada, methodological challenges of a household survey on the significance of migration and remittances for adaptation in the Hindu Kush region and an econometric study of the aftermath of the 1998 floods in Bangladesh. The second part, “Areas of Concern: Politics and Human Rights”, deepens the analysis of discourses as well as of the implications of proposed and implemented policies. Contributors discuss such topics as environmental migration as a multi-causal problem, climate migration as a consequence in an alarmist discourse and climate migration as a solution. A study of an integrated relocation program in Papua New Guinea is followed by chapters on the promise and the flaws of planned relocation policy, global policy on protection of environmental migrants including both internally displaced peoples and those who cross international borders. A concluding chapter places human agency at centre stage and explores the interplay between human rights, capability and migration.

Author: Marius Paul Olivier
Publisher: African Sun Media
ISBN: 1928480829
Category : Political Science
Languages : en
Pages : 249

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Book Description
Though some may categorise this work as a memorial publication, this book of friends is truly a celebratory publication by colleagues from Africa and beyond who had the privilege to know Edwell and Mathias personally. It is a tribute to the life and work of two individuals that each made a unique contribution to social justice, law and its development. As evidenced by the Tributes and Lists of Publications contained herein, both Edwell and Nyenti (as they were colloquially known) were productive scholars but they leave a legacy that extends beyond the academic realm to that of friendship and shared humanity.

Author: Alexander Zahar
Publisher: Cambridge University Press
ISBN: 0521142105
Category : Law
Languages : en
Pages : 489

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Book Description
Provides a comprehensive guide to climate change law in Australia and internationally, focusing on Australia's implementation of climate-related treaties.