International Law And The Protection Of Climate Refugees

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International Law and the Protection of “Climate Refugees”

Giovanni Sciaccaluga
International Law and the Protection of Climate Refugees Book PDF

Author : Giovanni Sciaccaluga
Publisher : Springer Nature
Page : 230 pages
File Size : 40,6 Mb
Release : 2020-08-05
Category : Law
ISBN : 9783030524029

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International Law and the Protection of “Climate Refugees” by Giovanni Sciaccaluga Pdf

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

Jane McAdam
Climate Change Forced Migration and International Law Book PDF

Author : Jane McAdam
Publisher : Oxford University Press
Page : 338 pages
File Size : 47,7 Mb
Release : 2012-02-23
Category : Law
ISBN : 9780199587087

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Climate Change, Forced Migration, and International Law by Jane McAdam Pdf

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.

Climate Refugees in South Asia

Stellina Jolly,Nafees Ahmad
Climate Refugees in South Asia Book PDF

Author : Stellina Jolly,Nafees Ahmad
Publisher : Springer
Page : 288 pages
File Size : 50,6 Mb
Release : 2018-12-28
Category : Law
ISBN : 9789811331374

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Climate Refugees in South Asia by Stellina Jolly,Nafees Ahmad Pdf

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.

An Introduction to International Refugee Law

M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan
An Introduction to International Refugee Law Book PDF

Author : M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan
Publisher : Martinus Nijhoff Publishers
Page : 447 pages
File Size : 43,9 Mb
Release : 2013-05-15
Category : Law
ISBN : 9789004226166

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An Introduction to International Refugee Law by M. Rafiqul Islam,Md. Jahid Hossain Bhuiyan Pdf

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.

The Refugee in International Law

Guy S. Goodwin-Gill,Jane McAdam
The Refugee in International Law Book PDF

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 847 pages
File Size : 47,6 Mb
Release : 2007-03-22
Category : Law
ISBN : 9780192520357

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

Millions of people today are forced to flee their homes as a result of conflict, systemic discrimination, persecution, and other violations of their human rights. The core instruments on which they must rely to secure international protection are the 1951 Convention relating to the Status of Refugees and its 1967 Protocol, now complemented by international and regional human rights treaties. This book, the leading text in a field where refugee law is now a subject of global importance, examines key challenges to system of international protection, including those arising from within the asylum process, increased controls over the movements of people, and the 'new' concern with security. 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, every issue, old and new, has received fresh analysis, and 'complementary' or human rights-based protection is given special attention. Features include: analysis and assessment of developments in interpreting the refugee definition, with particular reference to 'social group', 'exclusion', procedures, and the impact of European Union harmonization initiatives. In addition, this book reviews the situation of refugee women and children; the plight of Palestinian refugees; the protection of internally displaced persons; the role and responsibilities of the UNHCR, including in the administration of camps and settlements; the current status in general international law of the fundamental principles of non-refoulement, asylum, and the right to seek asylum; and the extent of protection possibilities in human rights treaties, particularly the European Convention on Human Rights.

Climate Refugees

Simon Behrman,Avidan Kent
Climate Refugees Book PDF

Author : Simon Behrman,Avidan Kent
Publisher : Cambridge University Press
Page : 397 pages
File Size : 44,9 Mb
Release : 2022-03-17
Category : Law
ISBN : 9781108830720

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Climate Refugees by Simon Behrman,Avidan Kent Pdf

A discussion of cutting-edge developments in policy on climate change and forced displacement from leading academics and practitioners.

Climate Refugees

Simon Behrman,Avidan Kent
Climate Refugees Book PDF

Author : Simon Behrman,Avidan Kent
Publisher : Routledge
Page : 288 pages
File Size : 47,7 Mb
Release : 2018-02-06
Category : Political Science
ISBN : 9781351613590

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Climate Refugees by Simon Behrman,Avidan Kent Pdf

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 Change, Disasters and People on the Move

Aylin Yildiz Noorda
Climate Change Disasters and People on the Move Book PDF

Author : Aylin Yildiz Noorda
Publisher : BRILL
Page : 282 pages
File Size : 43,9 Mb
Release : 2022-11-07
Category : Law
ISBN : 9789004522367

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Climate Change, Disasters and People on the Move by Aylin Yildiz Noorda Pdf

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 and Displacement

Jane McAdam
Climate Change and Displacement Book PDF

Author : Jane McAdam
Publisher : Bloomsbury Publishing
Page : 274 pages
File Size : 45,8 Mb
Release : 2010-09-06
Category : Law
ISBN : 9781847316004

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Climate Change and Displacement by Jane McAdam Pdf

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.

International Law in the Era of Climate Change

Rosemary Gail Rayfuse,Shirley V. Scott
International Law in the Era of Climate Change Book PDF

Author : Rosemary Gail Rayfuse,Shirley V. Scott
Publisher : Edward Elgar Publishing
Page : 401 pages
File Size : 45,9 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006085

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International Law in the Era of Climate Change by Rosemary Gail Rayfuse,Shirley V. Scott Pdf

'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.

The Refugee in International Law

Guy S. Goodwin-Gill,Jane McAdam
The Refugee in International Law Book PDF

Author : Guy S. Goodwin-Gill,Jane McAdam
Publisher : Oxford University Press
Page : 865 pages
File Size : 42,9 Mb
Release : 2021
Category : Law
ISBN : 9780198808565

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The Refugee in International Law by Guy S. Goodwin-Gill,Jane McAdam Pdf

Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book, the leading text in the field, examines key challenges to the Convention such as the status of refugees, applications for asylum, and the international and domestic standards of protection. 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 fourth edition each chapter has been thoroughly revised and updated and every issue, old and new, has received fresh analysis. The books includes: analysis of internally displaced persons; so-called preventive protection; access to refugees; safety of refugees and relief personnel; the situation of refugee women and children; a detailed examination of the role of the UNHCR and the Palestinian situation; and an assessment of the protection possibilities (or lack of them) in the European Convention on Human Rights. This new edition has been expanded with coverage of forced migration and displacement as a result of disasters and climate change. It is once again an unmissable reference work for practitioners and students in the field.

Research Handbook on Climate Change, Migration and the Law

Benoît Maye,François Crépeau
Research Handbook on Climate Change Migration and the Law Book PDF

Author : Benoît Maye,François Crépeau
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 41,5 Mb
Release : 2017-10-27
Category : Electronic
ISBN : 9781785366598

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Research Handbook on Climate Change, Migration and the Law by Benoît Maye,François Crépeau Pdf

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, Migration and Human Rights

Dimitra Manou,Andrew Baldwin,Dug Cubie,Anja Mihr,Teresa Thorp
Climate Change Migration and Human Rights Book PDF

Author : Dimitra Manou,Andrew Baldwin,Dug Cubie,Anja Mihr,Teresa Thorp
Publisher : Taylor & Francis
Page : 268 pages
File Size : 45,9 Mb
Release : 2017-05-12
Category : Business & Economics
ISBN : 9781317222347

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Climate Change, Migration and Human Rights by Dimitra Manou,Andrew Baldwin,Dug Cubie,Anja Mihr,Teresa Thorp Pdf

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, Disasters, and the Refugee Convention

Matthew Scott
Climate Change Disasters and the Refugee Convention Book PDF

Author : Matthew Scott
Publisher : Cambridge University Press
Page : 128 pages
File Size : 42,8 Mb
Release : 2019-12-31
Category : Political Science
ISBN : 9781108787772

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Climate Change, Disasters, and the Refugee Convention by Matthew Scott Pdf

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.

The International Legal Protection of Environmental Refugees, 342

VAN DER VLIET
The International Legal Protection of Environmental Refugees 342 Book PDF

Author : VAN DER VLIET
Publisher : Unknown
Page : 470 pages
File Size : 55,5 Mb
Release : 2020-04-15
Category : Environmental refugees
ISBN : 9462361398

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The International Legal Protection of Environmental Refugees, 342 by VAN DER VLIET Pdf

"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.