International Law And The Protection Of Climate Refugees

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International Law and the Protection of “Climate Refugees”

Author : Giovanni Sciaccaluga
Publisher : Palgrave Macmillan
ISBN 13 : 9783030524043
Total Pages : 217 pages
Book Rating : 4.5/5 (24 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 Palgrave Macmillan. This book was released on 2021-08-20 with total page 217 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.

International Law and the Protection of “Climate Refugees”

Author : Giovanni Sciaccaluga
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.

Climate Change, Forced Migration, and International Law

Author : Jane McAdam
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.

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0192536508
Total Pages : 865 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Refugee in International Law by : Guy S. Goodwin-Gill

Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2021-09-09 with total page 865 pages. Available in PDF, EPUB and Kindle. Book excerpt: The status of the refugee in international law, and of everyone entitled to protection, has ever been precarious, not least in times of heightened and heated debate: people have always moved in search of safety, and they always will. In this completely revised and updated edition, the authors cast new light on the refugee definition, the meaning of persecution, including with regard to gender and sexual orientation, and the protection due to refugees and those affected by statelessness or disasters. They review the fundamental principle of non-refoulement as a restraint on the conduct of States, even as States themselves seek new ways to prevent the arrival of those in search of refuge. Related principles of protection—non-discrimination, due process, rescue at sea, and solutions— are analysed in light of the actual practice of States, UNHCR, and treaty-monitoring bodies. The authors closely examine relevant international standards, and the role of UNHCR, States, and civil society, in providing protection, contributing to the development of international refugee law, and promoting solutions. New chapters focus on the evolving rules on nationality, statelessness, and displacement due to disasters and climate change. This expanded edition factors in the challenges posed by the movement of people across land and sea in search of refuge, and their interception, reception, and later treatment. The overall aim remains the same as in previous editions: to provide a sound basis for protection in international law, taking full account of State and community interests and recognizing the need to bridge gaps in the regime which now has 100 years of law and practice behind it.

Climate Refugees in South Asia

Author : Stellina Jolly
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.

The Refugee in International Law

Author : Guy S. Goodwin-Gill
Publisher : Oxford University Press
ISBN 13 : 0199281300
Total Pages : 847 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis The Refugee in International Law by : Guy S. Goodwin-Gill

Download or read book The Refugee in International Law written by Guy S. Goodwin-Gill and published by Oxford University Press. This book was released on 2007 with total page 847 pages. Available in PDF, EPUB and Kindle. Book excerpt: The situation of refugees is one of the most pressing and urgent problems facing the international community and refugee law has grown in recent years to a subject of global importance. In this long-awaited third edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis.

Climate Refugees

Author : Simon Behrman
Publisher : Cambridge University Press
ISBN 13 : 1108904610
Total Pages : pages
Book Rating : 4.1/5 (89 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 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.

An Introduction to International Refugee Law

Author : M. Rafiqul Islam
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004226168
Total Pages : 447 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis An Introduction to International Refugee Law by : M. Rafiqul Islam

Download or read book An Introduction to International Refugee Law written by M. Rafiqul Islam and published by Martinus Nijhoff Publishers. This book was released on 2013-05-15 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is designed to provide an overview of the development, meaning, and nature of international refugee law. The jurisprudence on the status of refugees, loss and denial of the refugees status, non-refoulement, asylum, problems and challenges of refugee protection, the law of return and the right of return, critical refugees and immigration law, and the role of international organizations in protection of refugees are revisited in the context of contemporary realities. The relationship between armed conflict, climate change, and human right violations induced refugees and the existing international refugee regime emerging will be succinctly highlighted and analysed in the book. This lucidly written and timely book will be immensely helpful to anyone grappling with the demonstrated inadequacies of international refugee law in real life situations today and desirous of the reorientation of its meaning and scope to cater for the changing needs and shared expectation of the international community in the 21st century.

Research Handbook on Climate Change, Migration and the Law

Author : Benoît Maye
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.

Climate Change, Disasters and People on the Move

Author : Aylin Yildiz Noorda
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.

Climate Change, Migration and Human Rights

Author : Dimitra Manou
Publisher : Taylor & Francis
ISBN 13 : 1317222342
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 Taylor & Francis. 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.

International Law in the Era of Climate Change

Author : Rosemary Gail Rayfuse
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.

Climate Change, Disasters, and the Refugee Convention

Author : Matthew Scott
Publisher : Cambridge University Press
ISBN 13 : 1108787770
Total Pages : pages
Book Rating : 4.1/5 (87 download)

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Book Synopsis Climate Change, Disasters, and the Refugee Convention by : Matthew Scott

Download or read book Climate Change, Disasters, and the Refugee Convention written by Matthew Scott and published by Cambridge University Press. This book was released on 2019-12-31 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Climate Change, Disasters and the Refugee Convention is concerned with refugee status determination (RSD) in the context of disasters and climate change. It demonstrates that the legal predicament of people who seek refugee status in this connection has been inconsistently addressed by judicial bodies in leading refugee law jurisdictions, and identifies epistemological as well as doctrinal impediments to a clear and principled application of international refugee law. Arguing that RSD cannot safely be performed without a clear understanding of the relationship between natural hazards and human agency, the book draws insights from disaster anthropology and political ecology that see discrimination as a contributory cause of people's differential exposure and vulnerability to disaster-related harm. This theoretical framework, combined with insights derived from the review of existing doctrinal and judicial approaches, prompts a critical revision of the dominant human rights-based approach to the refugee definition.

Climate Refugees

Author : Simon Behrman
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.

Climate Refugees

Author : Simon Behrman
Publisher : Cambridge University Press
ISBN 13 : 1108830722
Total Pages : 397 pages
Book Rating : 4.1/5 (88 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 Cambridge University Press. This book was released on 2022-03-17 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: A discussion of cutting-edge developments in policy on climate change and forced displacement from leading academics and practitioners.

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

Author : Hélène Ragheboom
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.

Climate Change and Displacement

Author : Jane McAdam
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.