Climate Change, Forced Migration, and International Law

Author: Jane McAdam

Publisher: Oxford University Press

ISBN: 9780199587087

Category: Law

Page: 319

View: 7326

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.
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Climate Change, Forced Migration, and International Law

Author: Jane McAdam

Publisher: OUP Oxford

ISBN: 0191627658

Category: Law

Page: 344

View: 7311

Displacement caused by climate change is an area of growing concern. With current rises in sea levels and changes to the global climate, it is an issue of fundamental importance to the future of many parts of the world. This book critically examines whether States have obligations to protect people displaced by climate change under international refugee law, international human rights law, and the international law on statelessness. Drawing on field work undertaken in Bangladesh, India, and the Pacific island states of Kiribati and Tuvalu, it evaluates whether the phenomenon of 'climate change-induced displacement' is an empirically sound category for academic inquiry. It does so by examining the reasons why people move (or choose not to move); the extent to which climate change, as opposed to underlying socio-economic factors, provides a trigger for such movement; and whether traditional international responses, such as the conclusion of new treaties and the creation of new institutions, are appropriate solutions in this context. In this way, the book queries whether flight from habitat destruction should be viewed as another facet of traditional international protection or as a new challenge requiring more creative legal and policy responses.
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Climate Change, Forced Migration, and International Law

Author: Jane McAdam

Publisher: OUP Oxford

ISBN: 9780199682225

Category: Law

Page: 344

View: 1855

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.
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Climate Change and Displacement

Multidisciplinary Perspectives

Author: Jane McAdam

Publisher: Bloomsbury Publishing

ISBN: 184731600X

Category: Law

Page: 274

View: 6795

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.
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Research Handbook on Climate Change, Migration and the Law

Author: Benoît Mayer,Fran©ʹois Cr©♭peau

Publisher: N.A

ISBN: 9781785366581

Category: Climatic changes

Page: 512

View: 7779

Concerns have arisen in recent decades about the impact of climate change on human mobility. Many people affected by climate change are forced or otherwise decide to migrate within or across international borders. Despite its clear importance, many questions remain open regarding the nature of the climate-migration nexus and its implications for laws and institutions. In the face of such uncertainty, this Research Handbook offers a comprehensive picture of laws and institutions relevant to climate migration and the multiple, often contradictory perspectives on the topic.Carefully edited chapters by leading scholars in the field provide a cross section of the various debates on what laws do, can do and should do in relation to the impacts of climate change on migration. A first part analyses the relations between climate change and migration. A second part explores how existing laws and institutions address the climate-migration nexus. In the final part, the chapters discuss possible ways forward.This timely Research Handbook provides much-needed insight into this complex issue for graduate and post-graduate students in climate change or migration law. It will also appeal to students and scholars in political science, international relations, environmental studies and migration studies, as well as policymakers and advocates.
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Climate Change, Migration and Human Rights

Law and Policy Perspectives

Author: Dimitra Manou,Andrew Baldwin,Dug Cubie,Anja Mihr,Teresa Thorp

Publisher: Routledge

ISBN: 1317222334

Category: Business & Economics

Page: 268

View: 4026

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.
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Forced Migration, Human Rights and Security

Author: Jane McAdam

Publisher: Bloomsbury Publishing

ISBN: 1847314147

Category: Law

Page: 316

View: 6381

The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.
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Migration and Climate Change

Author: Étienne Piguet,Antoine Pécoud

Publisher: Cambridge University Press

ISBN: 1107014859

Category: Business & Economics

Page: 442

View: 1067

"Migration and Climate Change provides the first authoritative overview of the relationship between climate change and migration, bringing together both case studies and syntheses from different parts of the world. It discusses policy responses, normative issues and critical perspectives from the point of view of human rights, international law, political science, and ethics, and addresses the concepts, notions and methods most suited to confronting this complex issue. The book constitutes a unique and thorough introduction to one of the most discussed but least understood consequences of climate change and brings together experts from a multitude of disciplines such as geography, anthropology and law, providing a valuable synthesis of research and debate"--
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Climate Change and Migration

Security and Borders in a Warming World

Author: Gregory White

Publisher: OUP USA

ISBN: 0199794820

Category: Law

Page: 180

View: 2730

Examines how climate-induced migration, the relocation of individuals from harsh climate areas to more favorable ones, has led to concerns about national borders, sovereignty, and security, along with suggestions to combat the situation.
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Climate and Human Migration

Past Experiences, Future Challenges

Author: Robert A. McLeman

Publisher: Cambridge University Press

ISBN: 1107022657

Category: Law

Page: 314

View: 4140

First comprehensive review of interaction between climate change and migration; for advanced students, researchers and policy makers.
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Routledge Handbook of Environmental Displacement and Migration

Author: Robert McLeman,François Gemenne

Publisher: Routledge

ISBN: 1317272250

Category: Business & Economics

Page: 438

View: 5326

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.
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Environmental Migration in International Law

Author: Dmitry V. Ivanov,Damir K. Bekyashev

Publisher: Cambridge Scholars Publishing

ISBN: 1443898163

Category: Law

Page: 190

View: 5470

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.
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Climate Refugees

Beyond the Legal Impasse?

Author: Simon Behrman,Avidan Kent

Publisher: Routledge

ISBN: 1351613596

Category: Political Science

Page: 288

View: 7398

Current estimates of the numbers of people who will be forced from their homes as a result of climate change by the middle of the century range from 50 to 200 million. Therefore, even the most optimistic projections envisage a crisis of migration that will dwarf any we have seen so far. And yet attempts to develop legal mechanisms to deal with this impending crisis have reached an impasse that shows little sign of being overcome. This is in spite of the rapidly growing academic study and policy development in the area of climate change generally. 'Climate Refugees': Beyond the Legal Impasse? addresses a fundamental gap in academic literature and policy making – namely the legal ‘no-man’s land’ in which the issue of climate refugees currently resides. Past proposals for the regulation of climate-induced migration are evaluated, inter alia by their original authors, and the volume also looks at current attempts to regulate climate-induced migration, including by officials from the International Organization for Migration (IOM), the office of the United Nations High Commissioner for Refugees (UNHCR) and the Platform on Displacement Disaster (PDD). Bringing together experts from a variety of academic fields, as well as officials from leading international organisations, this book will be of great interest to students and researchers of Environmental Law, Refugee Law, Human Rights Law, Environmental Studies and International Relations.
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Blurring Boundaries: Human Security and Forced Migration

Author: Stefan Salomon,Lisa Heschl,Gerd Oberleitner,Wolfgang Benedek

Publisher: BRILL

ISBN: 9004326871

Category: Political Science

Page: 232

View: 7152

In Blurring Boundaries scholars from law and social sciences offer a critical account of the main topics of forced migration and advance a much-needed fresh view on forced migration through the lens of human security.
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The Oxford Handbook of Refugee and Forced Migration Studies

Author: Elena Fiddian-Qasmiyeh,Gil Loescher,Katy Long,Nando Sigona

Publisher: OUP Oxford

ISBN: 0191645877

Category: Political Science

Page: 800

View: 3164

Refugee and Forced Migration Studies has grown from being a concern of a relatively small number of scholars and policy researchers in the 1980s to a global field of interest with thousands of students worldwide studying displacement either from traditional disciplinary perspectives or as a core component of newer programmes across the Humanities and Social and Political Sciences. Today the field encompasses both rigorous academic research which may or may not ultimately inform policy and practice, as well as action-research focused on advocating in favour of refugees' needs and rights. This authoritative Handbook critically evaluates the birth and development of Refugee and Forced Migration Studies, and analyses the key contemporary and future challenges faced by academics and practitioners working with and for forcibly displaced populations around the world. The 52 state-of-the-art chapters, written by leading academics, practitioners, and policymakers working in universities, research centres, think tanks, NGOs and international organizations, provide a comprehensive and cutting-edge overview of the key intellectual, political, social and institutional challenges arising from mass displacement in the world today. The chapters vividly illustrate the vibrant and engaging debates that characterise this rapidly expanding field of research and practice.
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The Emerging Law of Forced Displacement in Africa

Development and implementation of the Kampala Convention on internal displacement

Author: Allehone M. Abebe

Publisher: Routledge

ISBN: 1317210301

Category: Law

Page: 320

View: 6580

As of the end of 2015, there were 40.8 civilians who had been internally displaced by conflicts and effects of natural disasters in various parts of the world. Internally displaced persons (IDPs) are currently the largest group of persons receiving assistance from some of the main international humanitarian organisations. With the largest concentration of internally displaced persons (IDPs), the African continent has been the worst affected region. While previously IDPs have largely been neglected under international law, the first-ever continental binding treaty on internal displacement, the African Union Convention on the Protection of and Assistance to Internally Displaced Persons (the Kampala Convention), entered into force on 6 December 2012. As of January 2016, 25 states have ratified the instrument while 40 states have become signatories. This book significantly contributes to the study, policy making and practice on managing internal displacement by presenting the first major systematic examination of the evolution, elements and implementation of the Kampala Convention. It explores the responsibility of the state for the protection of IDPs particularly those who are most vulnerable during armed conflicts, internal strife, natural disasters, human rights violations and other circumstances. The status of ratification of the Convention is reviewed as well as the steps currently being undertaken by governments to implement the Convention. It also analyses the contribution by human rights mechanisms, inter-governmental bodies and UN peace-keeping missions in the implementation of the Convention. The book casts the Kampala Convention in broader institutional and normative developments in Africa and beyond. It demonstrates how concepts such as ‘responsibility to protect’ and ‘sovereignty as responsibility’ have begun to make inroads; influencing some of the more progressive instruments adopted by the African Union. It also sheds light on the relationship between the Convention and some regional instruments. In assessing the effectiveness of the Kampala Convention Allehone Abebe argues that the link between the Convention and initiatives on development, human rights and governance in Africa should be fully fostered.
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Atoll Island States and International Law

Climate Change Displacement and Sovereignty

Author: Lilian Yamamoto,Miguel Esteban

Publisher: Springer Science & Business Media

ISBN: 3642381863

Category: Law

Page: 307

View: 4313

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.
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Migration, Environment and Climate Change

Assessing the Evidence

Author: Frank Laczko,Christine Aghazarm

Publisher: United Nations Publications

ISBN: 9789290684541

Category: Social Science

Page: 441

View: 6778

Gradual and sudden environmental changes are resulting in substantial human movement and displacement, and the scale of such flows, both internal and cross-border, is expected to rise with unprecedented impacts on lives and livelihoods. Despite the potential challenge, there has been a lack of strategic thinking about this policy area partly due to a lack of data and empirical research on this topic. Adequately planning for and managing environmentallyinduced migration will be critical for human security. The papers in this volume were first presented at the Research Workshop on Migration and the Environment: Developing a Global Research Agenda held in Munich, Germany in April 2008. One of the key objectives on the Munich workshop was to address the need for more sound empirical research and identify priority areas of research for policy makers in the field of migration and the environment.
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Rising Tides

Climate Refugees in the Twenty-First Century

Author: John R. Wennersten,Denise Robbins

Publisher: Indiana University Press

ISBN: 0253025923

Category: Nature

Page: 272

View: 1116

Global climate change and global refugee crises will soon become inextricably interlinked. A new tsunami of climate refugees flows across the earth. We are now at the moment of truth." Climate change is with us and we need to think about the next big disturbing idea – the potentially disastrous consequences of massive numbers of environmental refugees at large on the planet. In 2020 the United Nations projects that we will have 50 million environmental refugees mostly from Africa, Asia, and Latin America. How will people be relocated and settled? Is it possible to offer environmental refugees temporary or permanent asylum? Will these refugees have any collective rights in the new areas they inhabit? And lastly, who will pay the costs of all the affected countries during the process of resettlement? Environmental refugees are a problem beyond the scope of a single country or agency."John R. Wennersten and Denise Robbins, from the book
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Climate Change, Migration and Human Rights

Law and Policy Perspectives

Author: Dimitra Manou,Andrew Baldwin,Dug Cubie,Anja Mihr,Teresa Thorp

Publisher: Routledge

ISBN: 1317222334

Category: Business & Economics

Page: 268

View: 6760

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.
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