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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.
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.
In The International Legal Status and Protection of Environmentally-Displaced Persons: A European Perspective, Hélène Ragheboom addresses the topical issue of displacement caused by environmental factors and analyses in particular whether affected persons, who are unable or unwilling to return to their country of origin due to the severe degradation of their living environment, could or, in the negative, should receive some form of international protection within the European Union. The author provides a detailed analysis of relevant instruments of refugee law and international human rights law, and explores possible future approaches to addressing the phenomenon of environmental displacement, ranging from constructive interpretations of existing norms to the allegedly preferable creation of a multidisciplinary sui generis framework.
This book provides an authoritative analysis of the impact of climate change on migration.
La menace écologique pousse les individus à franchir la frontière internationale des Etats pour se mettre à l'abri du sort et sauver leur vie. Le droit international ignorant cette réalité, cet essai est un plaidoyer pour l'avènement d'un droit international des réfugiés écologiques. Il est également une invitation à une mobilisation générale en faveur de la protection des victimes des catastrophes écologiques.
The right to life stands at the heart of human rights protection. Individuals cannot enjoy any of the rights guaranteed to them unless their physical existence is ensured. All human rights instrument list the right to life as the first one of their safeguards. Nonetheless, in many situations human life finds itself under structural threat. Although obligated by law to protect the right to life, State authorities time and again engage in deliberate acts of killing. Fortunately, international review bodies have devised many imaginative counter-strategies. Another one of those structural threats is global warming. Obviously, armed conflict puts human life inevitably at risk; the limits of the ‘license to kill’ given by the laws of war must be scrupulously observed.
This volume sheds new light on the refugees and forced migration at the Horn of Africa and East Africa. Adopting a multidisciplinary perspective, it traces historical, structural, and geopolitical factors to reveal the often brutal uprooting of people in a region that hosts more than three million refugees and almost six million internally displaced persons (IDPs). By doing so, it enriches our understanding of the socio-economic, geopolitical and humanitarian causes and implications of migration and population displacement. The book is divided into five parts, focusing on different drivers of involuntary displacement and people’s uprooting: The first part covers geopolitical conflicts rooted partly in the colonial and Cold War geographies. The second part then focuses on security aspects and conflicts, while the third looks at encampment and refugee policies as well as refugee agencies. Part four highlights issues of forced repatriation and human trafficking. Lastly, part five analyzes the dynamics of refugee camps.
This book has been published by Allenvi (French National Alliance for Environmental Research) to coincide with the 22nd Conference of Parties to the United Nations Framework Convention on Climate Change (COP22) in Marrakesh. It is the outcome of work by academic researchers on both sides of the Mediterranean and provides a remarkable scientific review of the mechanisms of climate change and its impacts on the environment, the economy, health and Mediterranean societies. It will also be valuable in developing responses that draw on “scientific evidence” to address the issues of adaptation, resource conservation, solutions and risk prevention. Reflecting the full complexity of the Mediterranean environment, the book is a major scientific contribution to the climate issue, where various scientific considerations converge to break down the boundaries between disciplines.