Download or read book International Law and the Protection of Climate Refugees written by Giovanni Sciaccaluga and published by Springer Nature. This book was released on 2020-08-05 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book The International Legal Protection of Environmental Refugees 342 written by VAN DER VLIET and published by . This book was released on 2020-04-15 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Climate change and other forms of environmental degradation, such as earthquakes and soil erosion, in combination with other factors (such as poverty, lack of government action and armed conflict) can lead to forced migration. The protection of these environmental refugees requires a different approach than that of 'traditional war refugees'. Most environmental refugees are internally displaced. As a result, developing countries that are hit hardest by the negative effects of climate change, also have to deal with high numbers of internally displaced persons. These countries rely on international support to be able to bear the costs of mitigation- and adaptation measures. The current legal system not only offers insufficient protection for environmental refugees, but also offers insufficient opportunities for support by the international community. Principles and rules of international environmental law, human rights law and State responsibility can be used in an instrumental way to co-finance and support local measures. This thesis argues for the combination of a human rights-based, security and State responsibility approach to create medium and long-term protection regimes for environmental refugees that makes use of the possibilities to prevent migration or, if inevitably, manage migration"--Back cover.

Download or read book The International Legal Status and Protection of Environmentally Displaced Persons A European Perspective written by Hélène Ragheboom and published by BRILL. This book was released on 2017-07-03 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.

Download or read book Climate Refugees written by Simon Behrman and published by Cambridge University Press. This book was released on 2022-02-28 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The last few years have witnessed a flurry of activity in global governance and international lawseeking to address the protection gaps for people fleeing the effects of climate change. This book discusses cutting-edge developments in law and policy on climate change and forced displacement, including theories and potential solutions, issues of governance, local and regional concerns, and future challenges. Chapters are written by a range of authors from academics to key figures in intergovernmental organisations, and offer detailed case studies of policy developments in the Americas, Europe, South-East Asia, and the Pacific. This is an ideal resource for graduate students and researchers from a range of disciplines, as well as policymakers working in environmental law, environmental governance, and refugee and migration law. This is one of a series of publications associated with the Earth System Governance Project. For more publications, see www.cambridge.org/earth-system-governance.

Download or read book The International Legal Protection of Environmental Refugees written by J.M.M. Vliet and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change and other forms of environmental degradation, such as earthquakes and soil erosion, in combination with other factors, such as poverty, lack of government action and armed conflict, can lead to forced migration. The protection of these environmental refugees requires a different approach than that of 'traditional war refugees'. Most environmental refugees are internally displaced. As a result, developing countries that are hit hardest by the negative effects of climate change, also have to deal with high numbers of internally displaced persons. These countries rely on international support to be able to bear the costs of mitigation and adaptation measures. The current legal system not only offers insufficient protection for environmental refugees, but also offers insufficient opportunities for support by the international community. Principles and rules of international environmental law, human rights law and State responsibility can be used in an instrumental way to co-finance and support local measures. This thesis argues for the combination of a human rights-based, security and State responsibility approach to create medium and long-term protection regimes for environmental refugees that makes use of the possibilities to prevent migration or, if inevitably, manage migration. Bron: Flaptekst, uitgeversinformatie.

Download or read book Climate Refugees in South Asia written by Stellina Jolly and published by Springer. This book was released on 2018-12-28 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Legal Protection for environmental migrants current challenges and Ways Forward written by Viviane Passos Gomes and published by Punto Rojo Libros. This book was released on 2018-12-12 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.\r 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.\r 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. \r

Download or read book Environmental Migration in International Law written by Damir K. Bekyashev and published by Cambridge Scholars Publishing. This book was released on 2016-08-17 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Climate Change Forced Migration and International Law written by Jane McAdam and published by Oxford University Press. This book was released on 2012-02-23 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environmental Change Forced Displacement and International Law written by Isabel M. Borges and published by Routledge. This book was released on 2018-12-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Environmental Refugees written by Maša Kovič and published by . This book was released on 2008 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt: &Quot;Environmental refugees" are people forced to seek refuge in another State, due to such environmental degradation of their traditional home land that renders it impossible for them to survive there. Under international law, "environmental refugees" are not refugees and thus, are not entitled to legal protection when in a host State. This thesis examines whether "environmental refugees" can be afforded legal protection under current norms of international law. While international refugee law, international human rights law and the principle of international responsibility to protect fail to offer legal protection to "environmental refugees", the rules on State responsibility can be successfully applied to protect "environmental refugees"in refuge. The author illustrates that under these rules, the international community of States has the obligation to repair damages it caused by breaching the erga omnes obligation to protect the environment in the form of offering legal protection to "environmental refugees".

Download or read book Climate Change Disasters and People on the Move written by Aylin Yildiz Noorda and published by BRILL. This book was released on 2022-11-07 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Climate Refugees written by Simon Behrman and published by Routledge. This book was released on 2018-02-06 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Facilitating the Resettlement and Rights of Climate Refugees written by Avidan Kent and published by Routledge. This book was released on 2018-03-26 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant impacts of climate change is migration. Yet, to date, climate-induced migrants are falling within what has been defined by some as a ‘protection gap’. This book addresses this issue, first by identifying precisely where the gap exists, by reviewing the relevant legal tools that are available for those who are currently, and who will in the future be displaced because of climate change. The authors then address the relevant actors; the identity of those deserving protection (displaced individuals), as well as other bearers of rights (migration-hosting states) and obligations (polluting states). The authors also address head-on the contentious topic of definitions, concluding with the provocative assertion that the term ‘climate refugees’ is indeed correct and should be relied upon. The second part of the book looks to the future by advocating specific legal and institutional pathways. Notably, the authors support the use of international environmental law as the most adequate and suitable regime for the regulation of climate refugees. With respect to the role of institutions, the authors propose a model of ‘cross-governance’, through which a more inclusive and multi-faceted protection regime could be achieved. Addressing the regulation of climate refugees through a unique collaboration between a refugee lawyer and an environmental lawyer, this book will be of great interest to scholars and professionals in fields including international law, environmental studies, refugee studies and international relations.

Download or read book Climate Change Migration and Human Rights written by Dimitra Manou and published by Routledge. This book was released on 2017-05-12 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Legal Protection of the Sinking Islands Refugees written by Cosmin Corendea and published by Vandeplas Pub.. This book was released on 2016 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from the question of how international law may protect the Pacific people from climate change, this book represents the original development of the international hybrid law concept, as the basic legal study of climate change from the environmental, human rights and refugee perspectives. From 2007 to 2012, the research conducted in the Pacific demonstrated that the most affected people by the gaps of international law are the vulnerable ones whose adaptation options are limited or exhausted, and are facing displacement. In this individual context of the Pacific islands, the book analysis the most important documents, relevant institutions and (political) actors, offering the readers, including students, the most appropriate legal analysis of the climate change impacts in the Pacific. The 2015 Paris Agreement, by recognizing human rights and human mobility in the context of climate change, confirms the hybrid legal approach described in this book as one of the future solutions in identifying and addressing international legal gaps by placing the people affected by climate change in the center of the discussion. Dr. Cosmin Corendea works as Associate Academic Officer/Legal Expert at the United Nations University Institute for Environment and Human Security. He is acting as focal point for legal issues associated with environmental degradation and adverse effects of climate change, such as institutional vulnerabilities, human mobility, human rights, climate equity, conducting research on conceptual and comparative frameworks of legal perceptions of environmental vulnerabilities, resilience and sustainable development impacts with distinct and positive reflection in policy making. In 2015, Dr. Corendea joined temporarily the Legal Affairs team of the United Nations Climate Change Secretariat during the making of the new Paris Agreement. Dr. Corendea holds a S.J.D. in International Legal Studies from Golden Gate University and an LL.M. in Intercultural Human Rights from Saint Thomas University School of Law. He was recently granted a Postdoc Fellowship with the AXA Research Fund which will allow him to continue his work in the Pacific on climate change and international law.

Download or read book Environmental Justice and the Rights of Ecological Refugees written by Laura Westra and published by Earthscan. This book was released on 2009-09-02 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether this be through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.