Environmental Change, Forced Displacement and International Law

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Publisher : Routledge
ISBN 13 : 1351361791
Total Pages : 245 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Environmental Change, Forced Displacement and International Law by : Isabel M. Borges

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.

Climate Change, Forced Migration, and International Law

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199587086
Total Pages : 338 pages
Book Rating : 4.1/5 (995 download)

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Book Synopsis Climate Change, Forced Migration, and International Law by : Jane McAdam

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.

International Law and the Protection of “Climate Refugees”

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Author :
Publisher : Springer Nature
ISBN 13 : 3030524027
Total Pages : 230 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis International Law and the Protection of “Climate Refugees” by : Giovanni Sciaccaluga

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.

Routledge Handbook of Environmental Displacement and Migration

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Publisher : Routledge
ISBN 13 : 1317272242
Total Pages : 518 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Routledge Handbook of Environmental Displacement and Migration by : Robert McLeman

Download or read book Routledge Handbook of Environmental Displacement and Migration written by Robert McLeman and published by Routledge. This book was released on 2018-03-09 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Climate Change, Migration and Human Rights

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Publisher : Routledge
ISBN 13 : 1317222334
Total Pages : 268 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Climate Change, Migration and Human Rights by : Dimitra Manou

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 268 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.

Climate Change and Displacement

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Publisher : Bloomsbury Publishing
ISBN 13 : 184731600X
Total Pages : 274 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Climate Change and Displacement by : Jane McAdam

Download or read book Climate Change and Displacement written by Jane McAdam and published by Bloomsbury Publishing. This book was released on 2010-09-06 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Climate Refugees in South Asia

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Author :
Publisher : Springer
ISBN 13 : 9811331375
Total Pages : 288 pages
Book Rating : 4.8/5 (113 download)

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Book Synopsis Climate Refugees in South Asia by : Stellina Jolly

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.

Environmental Migration in International Law

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443898163
Total Pages : 190 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Environmental Migration in International Law by : Damir K. Bekyashev

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.

Climate Change, Disasters and People on the Move

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Author :
Publisher : BRILL
ISBN 13 : 9004522360
Total Pages : 282 pages
Book Rating : 4.0/5 (45 download)

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Book Synopsis Climate Change, Disasters and People on the Move by : Aylin Yildiz Noorda

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.

The emergence of climate change displacements and the challenge of building an effective legal framework

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Author :
Publisher : GRIN Verlag
ISBN 13 : 3668972575
Total Pages : 61 pages
Book Rating : 4.6/5 (689 download)

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Book Synopsis The emergence of climate change displacements and the challenge of building an effective legal framework by : Rayana Nargoungou

Download or read book The emergence of climate change displacements and the challenge of building an effective legal framework written by Rayana Nargoungou and published by GRIN Verlag. This book was released on 2019-07-04 with total page 61 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2018 in the subject Law - European and International Law, Intellectual Properties, grade: 18/20, Université Paris-Sorbonne (Paris IV) , language: English, abstract: This work is aimed to identify the direct and indirect effect of climate change on a population’s mobility before analyzing the possible perspectives to those more directly affected by it. Indeed, climate change is responsible for a brand-new category of asylum seekers that calls for specific recognition and management by the International law. Scientists urged on the fact that our planet might have more inhabitable parts due to the alarmingly fast climate change that causes critical environmental deterioration. Consequently, it has already started impacting millions of lives across the globe. It is not only a matter of environmental effects, but it also has enormous socio-economic and therefore legal impacts. Among these consequences, is the climate change induced migration that leads to multiple issues.

Research Handbook on Climate Change, Migration and the Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1785366599
Total Pages : 520 pages
Book Rating : 4.7/5 (853 download)

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Book Synopsis Research Handbook on Climate Change, Migration and the Law by : Benoît Maye

Download or read book Research Handbook on Climate Change, Migration and the Law written by Benoît Maye and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The International Legal Protection of Environmental Refugees, 342

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Author :
Publisher :
ISBN 13 : 9789462361393
Total Pages : 470 pages
Book Rating : 4.3/5 (613 download)

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Book Synopsis The International Legal Protection of Environmental Refugees, 342 by : VAN DER VLIET

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.

Routledge Handbook of Environmental Displacement and Migration

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Author :
Publisher : Routledge
ISBN 13 : 1317272250
Total Pages : 463 pages
Book Rating : 4.3/5 (172 download)

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Book Synopsis Routledge Handbook of Environmental Displacement and Migration by : Robert McLeman

Download or read book Routledge Handbook of Environmental Displacement and Migration written by Robert McLeman and published by Routledge. This book was released on 2018-03-09 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Migration and Climate Change

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107014859
Total Pages : 463 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis Migration and Climate Change by : Étienne Piguet

Download or read book Migration and Climate Change written by Étienne Piguet and published by Cambridge University Press. This book was released on 2011-06-23 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an authoritative analysis of the impact of climate change on migration.

Climate Refugees

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Author :
Publisher : Routledge
ISBN 13 : 1351613596
Total Pages : 288 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Climate Refugees by : Simon Behrman

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.

The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective

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Author :
Publisher : BRILL
ISBN 13 : 9004317422
Total Pages : 698 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective by : Hélène Ragheboom

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 2017-06-26 with total page 698 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective examines the applicability of refugee law and international human rights law in situations of environmentally-induced displacement, and explores possible future approaches to addressing the issue.

International Law in the Era of Climate Change

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006083
Total Pages : 401 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Law in the Era of Climate Change by : Rosemary Gail Rayfuse

Download or read book International Law in the Era of Climate Change written by Rosemary Gail Rayfuse and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.