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

Author: Hélène Ragheboom
Publisher: BRILL
ISBN: 9004317422
Category : Law
Languages : en
Pages : 698

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Book Description
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.

Author: Giovanni Sciaccaluga
Publisher: Springer Nature
ISBN: 3030524027
Category : Law
Languages : en
Pages : 230

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Book Description
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.

Author: Simon Behrman
Publisher: Cambridge University Press
ISBN: 1108904610
Category : Political Science
Languages : en
Pages :

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Book Description
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.

Author: Jane McAdam
Publisher: Bloomsbury Publishing
ISBN: 184731600X
Category : Law
Languages : en
Pages : 274

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Book Description
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.

Author: Isabel M. Borges
Publisher: Routledge
ISBN: 1351361791
Category : Law
Languages : en
Pages : 245

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Book Description
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.

Author: Liv Feijen
Publisher: Cambridge University Press
ISBN: 1108753434
Category : Political Science
Languages : en
Pages : 249

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Book Description
The last couple of years have witnessed an unprecedented battle within Europe between values and pragmatism, and between states' interests and individuals' rights. This book examines humanitarian considerations and immigration control from two perspectives; one broader and more philosophical, the other more practical. The impetus to show compassion for certain categories of persons with vulnerabilities can depend on religious, philosophical and political thought. Manifestation of this compassion can vary from the notion of a charitable act to aid 'the wretched' in their home country, to humanitarian assistance for the 'distant needy' in foreign lands and, finally, to immigration policies deciding who to admit or expel from the country. The domestic practice of humanitarian protection has increasingly drawn in transnational law through the expansion of the EU acquis on asylum, and the interpretation of the European Court of Human Rights.

Author: Jane McAdam
Publisher: Oxford University Press
ISBN: 0199587086
Category : Law
Languages : en
Pages : 338

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Book Description
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.

Author: Frank Laczko
Publisher: UN
ISBN:
Category : Business & Economics
Languages : en
Pages : 448

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Book Description
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.

Author: Laura Westra
Publisher: Earthscan
ISBN: 1849770085
Category : Law
Languages : en
Pages : 321

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Book Description
Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether this be through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means.

Author: Anne Peters
Publisher: Cambridge University Press
ISBN: 1107164303
Category : Law
Languages : en
Pages : 645

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Book Description
Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.