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.

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.

The International Legal Protection of Environmental Refugees

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Author :
Publisher :
ISBN 13 : 9789054547464
Total Pages : pages
Book Rating : 4.5/5 (474 download)

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Book Synopsis The International Legal Protection of Environmental Refugees by : J.M.M. Vliet

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.

Customary International Humanitarian Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 0521808995
Total Pages : 610 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Customary International Humanitarian Law by : Jean-Marie Henckaerts

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Environmental Change, Forced Displacement and International Law

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Author :
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 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.

Migration, Environment and Climate Change

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Author :
Publisher : UN
ISBN 13 :
Total Pages : 448 pages
Book Rating : 4.:/5 (1 download)

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Book Synopsis Migration, Environment and Climate Change by : Frank Laczko

Download or read book Migration, Environment and Climate Change written by Frank Laczko and published by UN. This book was released on 2009 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Gradual and sudden environmental changes are resulting in substantial human movement and displacement, and the scale of such flows, both internal and cross-border, is expected to rise with unprecedented impacts on lives and livelihoods. Despite the potential challenge, there has been a lack of strategic thinking about this policy area partly due to a lack of data and empirical research on this topic. Adequately planning for and managing environmentallyinduced migration will be critical for human security. The papers in this volume were first presented at the Research Workshop on Migration and the Environment: Developing a Global Research Agenda held in Munich, Germany in April 2008. One of the key objectives on the Munich workshop was to address the need for more sound empirical research and identify priority areas of research for policy makers in the field of migration and the environment.

Climate Refugees

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Author :
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 Concept of Climate Migration

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1786431734
Total Pages : 392 pages
Book Rating : 4.7/5 (864 download)

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Book Synopsis The Concept of Climate Migration by : Benoît Mayer

Download or read book The Concept of Climate Migration written by Benoît Mayer and published by Edward Elgar Publishing. This book was released on 2016-11-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book offers a unique interdisciplinary inquiry into the prospects of different political narratives on climate migration. It identifies the essential angles on climate migration – the humanitarian narrative, the migration narrative and the climate change narrative – and assesses their prospects. The author contends that although such arguments will influence global governance, they will not necessarily achieve what advocates hope for. He discusses how the weaknesses of the concept of “climate migration” are likely to be utilized in favour of repressive policies against migration or for the defence of industrial nations against perceived threats from the Third World.

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.

Asian Yearbook of International Law, Volume 10 (2001-2002)

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Author :
Publisher : BRILL
ISBN 13 : 904740825X
Total Pages : 462 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Asian Yearbook of International Law, Volume 10 (2001-2002) by : B.S. Chimni

Download or read book Asian Yearbook of International Law, Volume 10 (2001-2002) written by B.S. Chimni and published by BRILL. This book was released on 2005-08-01 with total page 462 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of International Law is a major refereed publication dedicated to international law issues as seen primarily from an Asian perspective. This is a special publication of its kind edited by a team of leading international law scholars from across Asia. The Asian Yearbook of International Law provides a forum for the publication of articles in the field of international law, and other Asian international law topics, written by experts from the region and elsewhere. Its aim is twofold: to promote international law in Asia, and to provide an intellectual platform for the discussion and dissemination of Asian views and practices on contemporary international legal issues. As a rule, each volume of the Asian Yearbook normally contains articles; notes; a section on State practice; an overview of the participation of Asian countries in multilateral treaties; a chronicle of events and incidents; surveys of the activities of international organizations which have special relevance to Asia, such as a survey of the activities of the Asian-African Legal Consultative Committee; and book review, bibliography and documents sections.

International Law

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Publisher : Cambridge University Press
ISBN 13 : 1009304313
Total Pages : 413 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis International Law by : Jan Klabbers

Download or read book International Law written by Jan Klabbers and published by Cambridge University Press. This book was released on 2023-11-02 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: A landmark publication in the teaching of international law from one of the world's leading international lawyers. This refreshingly clear, concise textbook conveys the dynamics of international law through four questions: Where does it come from? To whom does it apply? How does it resolve conflict? What does it say?

Human Rights and Climate Change

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Publisher : World Bank Publications
ISBN 13 : 0821387235
Total Pages : 162 pages
Book Rating : 4.8/5 (213 download)

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Book Synopsis Human Rights and Climate Change by : Siobhan Mcinerney-Lankford

Download or read book Human Rights and Climate Change written by Siobhan Mcinerney-Lankford and published by World Bank Publications. This book was released on 2011 with total page 162 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Study explores arguments about the impact of climate change on human rights, examining the international legal frameworks governing human rights and climate change and identifying the relevant synergies and tensions between them. It considers arguments about (i) the human rights impacts of climate change at a macro level and how these impacts are spread disparately across countries; (ii) how climate change impacts human rights enjoyment within states and the equity and discrimination dimensions of those disparate impacts; and (iii) the role of international legal frameworks and mechanisms, including human rights instruments, particularly in the context of supporting developing countries’ adaptation efforts. The Study surveys the interface of human rights and climate change from the perspective of public international law. It builds upon the work that has been carried out on this interface by reviewing the legal issues it raises and complementing existing analyses by providing a comprehensive legal overview of the area and a focus on obligations upon States and other actors connected with climate change. The objective has therefore been to contribute to the global debate on climate change and human rights by offering a review of the legal dimensions of this interface as well as a survey of the sources of public international law potentially relevant to climate change and human rights in order to facilitate an understanding of what is meant, in legal terms, by “human rights impacts of climate change” and help identify ways in which international law can respond to this interaction.

Human Rights

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Publisher : Oxford University Press
ISBN 13 : 0198708769
Total Pages : 527 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Human Rights by : Michael Goodhart

Download or read book Human Rights written by Michael Goodhart and published by Oxford University Press. This book was released on 2016 with total page 527 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights: Politics and Practice is the most complete, most topical, and most student-friendly introduction to human rights. Bringing together a range of international experts including political scientists, philosophers, lawyers, and policy-makers, the book provides students with a broad range of perspectives on the theoretical and practical issues in this constantly evolving field. In addition to in-depth theoretical content, the book also features unrivalled coverage of human rights issues in practice, with a wide range of case studies to explore concrete examples from around the world. The third edition has been brought fully up-to-date with the most recent events and latest research developments in the area. Two new chapters have been added: one on religion and human rights, and one on sexual orientation and gender issues and human rights, introducing students to these important topics and expanding the theoretical and practical discussion of issues of universalism and relativism. The new edition also features a range of carefully developed pedagogical features to aid student learning, encourage critical analysis, and challenge students to question their own assumptions. The book is accompanied by an Online Resource Centre to enhance students' learning and provide valuable support for lecturers. For students: - Revise key terms with a flashcard glossary - Take your learning further with links to key human rights documents - Use carefully selected web links as a first step towards independent research For registered lecturers: - Enhance your seminars with a specially developed active learning exercise - Use adaptable PowerPoint slides as the basis for lecture presentations, or as handouts in-class - Save time preparing assessments with a fully updated test bank of questions

Legislation on Foreign Relations Through ...

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Author :
Publisher :
ISBN 13 :
Total Pages : 1968 pages
Book Rating : 4.:/5 ( download)

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Book Synopsis Legislation on Foreign Relations Through ... by : United States

Download or read book Legislation on Foreign Relations Through ... written by United States and published by . This book was released on 1977 with total page 1968 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Evolutionary Interpretation and International Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509929894
Total Pages : 392 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Evolutionary Interpretation and International Law by : Georges Abi-Saab

Download or read book Evolutionary Interpretation and International Law written by Georges Abi-Saab and published by Bloomsbury Publishing. This book was released on 2019-09-05 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique book brings together leading experts from diverse areas of public international law to offer a comprehensive overview of the approaches to evolutionary interpretation in different international legal regimes. It begins by asking what interpretation is, offering the views of expert authors on the question, its components and definitions. It then comments on situations that have called for evolutionary interpretation in different international legal regimes, including general international law, environmental law, human rights law, EU law, investment law, international trade law, and how domestic courts have, on occasions, interpreted treaties and other international legal instruments in an evolutionary manner. This timely, authoritative compendium offers an in-depth understanding of the processes at work in evolutionary interpretation as well as a prime selection of the current trends and future challenges.

Netherlands Yearbook of International Law 2015

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Author :
Publisher : Springer
ISBN 13 : 9462651140
Total Pages : 471 pages
Book Rating : 4.4/5 (626 download)

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Book Synopsis Netherlands Yearbook of International Law 2015 by : Maarten den Heijer

Download or read book Netherlands Yearbook of International Law 2015 written by Maarten den Heijer and published by Springer. This book was released on 2016-08-04 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jus cogens is a formidable yet elusive concept of international law. Since its incorporation in the Vienna Convention on the Law of Treaties some 35 years ago, it has made tentative inroads into international legal practice. But its role in international law is arguably less prominent than might have been expected on the basis of its powerful potential and in view of wider developments in international law that call for constitutionalisation and hierarchy, including the processes of fragmentation and humanization. This volume of the Netherlands Yearbook of International Law sets out to clarify the concepts and doctrines relevant to jus cogens and to sharpen the debate on its theoretical foundations, functions and legal effects. To that purpose, the volume brings together contributions on the genesis and function of jus cogens, on the application of jus cogens in specialised areas of international law and on its enforcement and legal consequences. Together, they reinforce the understanding of jus cogens as a hierarchical concept of international law and shed light on its potential for further development.