The chapter highlights emerging international and national legal regimes that recognize a public trusteeship over a widening range of environmental resources. Should there be a new international agreement on climate-displaced populations? Some combine a pragmatic analysis of existing legal obligations with an insistence on moral imperatives arising from duties of fairness, equality, and international justice Stoutenburg, ch. He is author or editor of ten prior books, two of which were named Best Law Book of the Year by the Association of American Publishers: Environmental Law Practice Guide twelve volumes, 1992 and Brownfields Law and Practice: The Cleanup and Redevelopment of Contaminated Land four volumes, 1998. As a legal book, it addresses primarily legal scholars, yet the contributions are of interest to a much wider audience, scientists and practitioners alike. Either approach will be difficult to implement given the current state of the negotiations. This is the first book to focus on the myriad legal issues posed by this tragic situation: If a nation is under water, is it still a state? As we know, this problem has still not been regulated in any document of public international law.
Securing planetary life sources for future generations: legal actions deriving from the ancient sovereign trust obligation Mary Christina Wood, Stephen Leonard, Nicola Peart and Daniel Bart; 17. This infrastructural complexity leaves Hodgkinson and Young with little conceptual space to develop their principles for guiding the resettlement of small island populations. Is the world ready to accept the idea of a state without a territory? Total mass changes as water is added to or removed from the ocean, such as in a net imbalance between evaporation and precipitation, or when water flows from land to sea, either as rivers or ice. As a legal book, it addresses primarily legal scholars, yet the contributions are of interest to a much wider audience, scientists and practitioners alike. Given that small island states are likely eventually to fail to meet the thresholds of effective statehood set out in international law, does the international community have a duty to continue to recognize them as states, even while they lack a defined territory, permanent population, effective government, or the capacity for independence? Suggested Citation Corrections All material on this site has been provided by the respective publishers and authors. Thresholds of effective statehood and the continued recognition of 'deterritorialized' island states Jenny Grote Stoutenburg; 4. Groundwater is drying up, whilst water calls for for nutrients creation, for power, and for production are surging.
Although these processes have occurred throughout Earth's history, humans affect sea level rise directly by manipulating the flow of ground and surface water and indirectly through greenhouse gas emissions that raise the average global temperature. I don't think anyone wants to drown a people, yet that is what will happen. Are there any courts that will hear their claims, and based on what theories? This allows to link your profile to this item. This chapter addresses the question of when exactly these sovereign States would cease to exist. Thresholds of effective statehood and the continued recognition of 'deterritorialized' island states Jenny Grote Stoutenburg; 4. The same mass of seawater changes in volume, expanding when it warms or freshens Figure 1. Resettlement Protections and Proposed Solutions: 8.
The national immigration policy options: limits and potential Katrina Wyman; 12. Rising seas are endangering the habitability and very existence of several small island nations, mostly in the Pacific and Indian oceans. In Bangladesh, in small island nations, and around the world, millions of people may be displaced as a result of climate change. Indeed, it would be difficult to identify a human right that is not potentially negatively affected by climate change, whether from slow-onset change in the natural environment or increasingly frequent sudden environmental disasters and extreme weather events. But just like sea level rise itself, inundation and emigration will be a gradual process.
She provides a useful two-tiered model for identifying and adapting migration channels to suit the needs of displaced small islanders at 345—350. The nation ex-situ Maxine Burkett; 5. In particular, sea level rise has the potential to significantly affect national claims to maritime jurisdiction all the way to the outward extent of maritime zones. Gerrard is Andrew Sabin Professor of Professional Practice at Columbia Law School, where he teaches courses on environmental and energy law and directs the Center for Climate Change Law. Thresholds of effective statehood and the continued recognition of 'deterritorialized' island states Jenny Grote Stoutenburg; 4.
Field-based research suggests that most environmentally induced migrants will move within their own countries. At the other end of the spectrum, David Hodgkinson and his colleagues are vocal proponents of a new multilateral treaty regime. The third and final section considers whether there are any legal remedies available to these states or their citizens. However, given the global cost of inaction, if the current approach continues to yield results, the pressure to find alternative ways of moving forward will inevitably increase. Changes in sea level occur when there is a change in either the mass or the volume of water in the ocean.
Thresholds of effective statehood and the continued recognition of 'deterritorialized' island states Jenny Grote Stoutenburg; 4. Island nations must therefore prepare for these problems on the basis of public international law. Although such claims may have seemed far-fetched when first articulated, the loss of dry territory to the seas is a real concern. Securing planetary life sources for future generations: legal actions deriving from the ancient sovereign trust obligation Mary Christina Wood, Stephen Leonard, Nicola Peart and Daniel Bart; 17. Rising sea level is a commonly discussed consequence of global climate change. Should there be a new international agreement on climate-displaced populations? Small island States whose territory became completely inundated and whose entire population had to relocate to other countries would lose these traditional insignia of statehood. The second approach would limit the fund to loss and damage that is projected to be already locked in based on past and current emissions.
Chapters 6 and 7 then discuss options for preserving nationality under existing rules. However, cursory references to moral duties cannot pick up the slack: more work is needed. Said challenges are mostly tangible, not only for climate change-related cases in domestic and regional human rights law situations, but also as regards climate change mitigation measures as a potential threat to human rights. Research has substantiated the fact that environmental change is one of a larger set of factors that affect human migration and displacement worldwide. Table of Contents Part I. Human rights and climate change: reflections on international legal issues and potential policy relevance Siobhan McInerney-Lankford; 9. Stein, Domestic Law for Resettlement of Persons Displaced by Climate Change; Jacob David Werksman, Could a Small Island Successfully Sue a Big Emitter? This is the first book to focus on the myriad legal issues posed by this tragic situation: if a nation is under water, is it still a state? Human rights obligations provide important protections to individuals who are affected by climate change.
Promotional Information This book addresses legal issues of rising seas endangering the habitability and existence of island nations in the Pacific and Indian oceans. This too may have major impacts on the capacity of an insular feature to generate maritime jurisdictional claims. What is the content of the principles of international justice and solidarity that Stoutenburg refers to, and what work are they doing in her argument? Hodgkinson and Young therefore propose the adoption of a multilateral Convention for Climate Change Displaced Persons that would address the gaps in existing law by regulating both internal and cross-border climate change-related displacement. It is now widely accepted that significant sea level rise is taking place and that this phenomenon is likely to accelerate in the future. When there are migrations arising from conflicts and natural disasters, those displaced are either resettled internally or in a host nation with the hope that they can return one day.