Climate Change, Forced Migration, and International Law

Author: Jane McAdam

Publisher: Oxford University Press

ISBN: 9780199587087

Category: Law

Page: 319

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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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Environmental Change, Forced Displacement and International Law

from legal protection gaps to protection solutions

Author: Isabel M. Borges

Publisher: Routledge

ISBN: 1351361791

Category: Law

Page: 280

View: 4829

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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.
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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

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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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Climate Change and People on the Move

International Law and Justice

Author: Fanny Thornton

Publisher: Oxford University Press

ISBN: 0192558242

Category: Political Science

Page: 240

View: 5887

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This book applies a justice framework to analysis of the actual and potential role of international law with respect to people on the move in the context of anthropogenic climate change. That people are affected by the impacts of climate change is no longer doubted, including with implications for people movement (migration, displacement, relocation, etc.). Climate Change and People on the Move tackles unique questions concerning international responsibility for people movement arising from the inequities inherent to climate change. Corrective and distributive justice provide the analytical backbone, and are explored in a substantial theoretical chapter and then applied to subsequent contextual analysis. Corrective justice supports analysis as to whether people movement in the climate change context could be conceived or framed as harm, loss, or damage which is compensable under international law, either through fault-centred regimes or no-fault regimes (i.e. insurance). Distributive justice supports analysis as to whether such movement could be conceived or framed as a disproportionate burden, either for those faced with movement or those faced with sheltering people on the move, from which duties of re-distribution may stem. This book contributes to the growing scholarship and analysis concerning international law or governance and people movement in response to the impacts of climate change by investigating the bounds of the law where the phenomenon is viewed as one of (in)justice.
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Migration and climate change

Author: Oli Brown,International Organization for Migration

Publisher: United Nations Pubns

ISBN: N.A

Category: Law

Page: 60

View: 4618

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This report focuses on the possible future scenarios for climate change, natural disasters and migration and development, looking to increase awareness and find answers to the challenges that lie ahead. The report states that even though it is defined as a growing crisis, the consequences of climate change for human population are unclear and unpredictable. In 1990, the Intergovernmental Panel on Climate Change (IPCC) noted that the greatest single impact of climate change could be on human migration - with millions of persons displaced by shoreline erosion, coastal flooding and agricultural disruption. Since then, various analysts have tried to put numbers on these flows of climate migrants, the most widely repeated prediction being 200 million by 2050. The study points out that the scientific basis for climate change is increasingly well established, and confirms that current predictions as to the "carrying capacity" in large parts of the world will be compromised by climate change.--Publisher's description.
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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: 6703

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"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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The Oxford Handbook of Refugee and Forced Migration Studies

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

Publisher: OUP Oxford

ISBN: 0191645885

Category: Political Science

Page: 800

View: 9873

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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 characterize this rapidly expanding field of research and practice.
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Form, Macht, Differenz

Motive und Felder ethnologischen Forschens

Author: Elfriede Hermann,Karin Klenke,Michael Dickhardt

Publisher: Universitätsverlag Göttingen

ISBN: 394034480X

Category: Ethnology

Page: 406

View: 4940

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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: 2651

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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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Climate Refugees in South Asia

Protection Under International Legal Standards and State Practices in South Asia

Author: Stellina Jolly,Nafees Ahmad

Publisher: Springer

ISBN: 9811331375

Category: Law

Page: 288

View: 4983

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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.
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