Climate Refugees: Beyond the Legal Impasse?

Description

Climate Refugees- Front Cover Climate Refugees Title Page Copyright Page Contents Acknowledgements List of editors List of contributors List of abbreviations PART I: Foundations Chapter 1: Overcoming the legal impasse? Setting the scene I Introduction II Setting the scene III The tasks ahead Notes Chapter 2: ‘Climate refugees’: a legal mapping exercise I Introduction II Approaches III Applying protection instruments to climate refugees IV Combining elements of different approaches V Conclusion Notes Chapter 3: A new category of refugees? ‘Climate refugees’ and a gaping hole in international law I Introduction II A new category of refugees: the phenomenon of climate refugees and the scale of the problem III Current legal framework: political refugees and the protection gap with regard to climate refugees IV Proposals that have been advanced and the way forward V Conclusion Notes Chapter 4: Norm formalization in international policy cooperation: a framework for analysis I Introduction II What is a norm? III Existing literature on norms and their formalization IV A framework for assessing norm formalization VI Possibilities and hindrances ahead VII Conclusions Notes PART II: Defining and categorising Chapter 5: Justice and climate migration: the importance of nomenclature in the discourse on twenty-first-century mobility I Introduction II Rights holders in climate-induced migration III Rights and duties owed IV The curious case of climate change V Conclusion Notes Chapter 6: Who are “climate refugees”? Academic engagement in the post-truth era I Introduction II Analytical inconsistencies III The reasons for the persistent disconnect IV Conclusion Notes PART III: Governing climate refugees: the perspective of inter-governmental organisations Chapter 7: Advancing the global governance of climate migration through the United Nations Framework Convention on Climate Change and the Global Compact on Migration: perspectives from the International Organization for Migration I Introduction II How institutional developments within the International Organization for Migration reflect states’ growing interest in climate migration III Mapping the inclusion of climate migration issues within global climate policy and migration policy IV How current undertakings within the global governance and negotiations of climate and global migration can be advanced Notes Chapter 8: Enhancing legal protection for people displaced in the context of disasters and climate change: challenges and opportunities I Introduction II Enhancing protection for people displaced internally in the context of disasters and climate change III Enhancing protection for people displaced across borders in the context of disasters and climate change IV Statelessness V Other frameworks VI Conclusion Notes Chapter 9: State-led, regional, consultative processes: opportunities to develop legal frameworks on disaster displacement I Setting the scene of disaster displacement II Perspective and concepts from the Nansen Initiative Protection Agenda III Challenges in addressing the legal gap IV The scope and remit of international policy initiatives V State-led, regional, consultative processes: opportunities to develop legal frameworks on disaster displacement VI Conclusion Notes PART IV: Regulating climate refugees within existing legal regimes Chapter 10: Drawing upon international refugee law: the precautionary approach to protecting climate change-displaced persons I Introduction II International environmental law and the precautionary principle III International refugee law and the principle of non-refoulement IV Application of international refugee law to international environmental law V Case study: Pacific Island States and the sinking island scenario VI Conclusion Notes Chapter 11: Public international law’s applicability to migration as adaptation: fit for purpose? I Introduction II Overview of the existing legal framework III Assessment IV Conclusion Notes Chapter 12: Climate migrants’ right to enjoy their culture I Introduction II Cultural rights, the right of self-determination and climate change III State responsibility for violations of the right to culture IV Concluding remarks Notes Chapter 13: Beyond the shortcomings of international law: a proposal for the legal protection of climate migrants I Introduction II Four categories of climate migration III Potentially applicable legal frameworks IV The proposed regime of legal protection V Conclusions Notes PART V: Envisioning sui generis pathways Chapter 14: Towards an international legal status of environmentally displaced persons I Introduction II Is a new convention necessary? III Main content of the draft convention IV Conclusion Notes Chapter 15: Cross-border displacement due to environmental disaster: a proposal for UN Guiding Principles to fill the legal protection gap I Introduction II Status quo on cross-border displacement due to environmental disaster III Legal reasons for an international protection framework IV Proposing a soft law framework V Substance of the proposed UN Guiding Principles on cross-border displacement due to environmental disasters VI Conclusion Notes Chapter 16: Global governance to protect future climate refugees I Introduction II The case for identifying “climate refugees” III Developing a global governance mechanism IV Financing the resettlement of climate refugees V Potential political obstacles VI Conclusion Notes Index