Environmental Justice And The Rights Of Ecological Refugees

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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.

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Genre : Law
Author : Laura Westra
Publisher : Earthscan
Release : 2009-09-02
File : 321 Pages
ISBN-13 : 9781849770088


Climate Refugees

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

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Genre : Law
Author : Simon Behrman
Publisher : Cambridge University Press
Release : 2022-03-17
File : 397 Pages
ISBN-13 : 9781108830720


Facilitating The Resettlement And Rights Of Climate Refugees

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One of the most significant impacts of climate change is migration. Yet, to date, climate-induced migrants are falling within what has been defined by some as a ‘protection gap’. This book addresses this issue, first by identifying precisely where the gap exists, by reviewing the relevant legal tools that are available for those who are currently, and who will in the future be displaced because of climate change. The authors then address the relevant actors; the identity of those deserving protection (displaced individuals), as well as other bearers of rights (migration-hosting states) and obligations (polluting states). The authors also address head-on the contentious topic of definitions, concluding with the provocative assertion that the term ‘climate refugees’ is indeed correct and should be relied upon. The second part of the book looks to the future by advocating specific legal and institutional pathways. Notably, the authors support the use of international environmental law as the most adequate and suitable regime for the regulation of climate refugees. With respect to the role of institutions, the authors propose a model of ‘cross-governance’, through which a more inclusive and multi-faceted protection regime could be achieved. Addressing the regulation of climate refugees through a unique collaboration between a refugee lawyer and an environmental lawyer, this book will be of great interest to scholars and professionals in fields including international law, environmental studies, refugee studies and international relations.

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Genre : Business & Economics
Author : Avidan Kent
Publisher : Routledge
Release : 2018-03-26
File : 170 Pages
ISBN-13 : 9781351175685


Human Rights

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International law has evolved to protect human rights. But what are human rights? Does the term have the same meaning in a world being transformed by climate change and globalized trade? Are existing laws sufficient to ensure humanity’s survival? Drawing on case law and practice and examples from philosophy, law, and ecology, Laura Westra argues that the current system is not adequate: international law privileges individual over collective rights, permitting multinational corporations to overlook the collectivity and the environment in their quest for wealth and power. Unless policy makers redefine human rights and reformulate environmental law and policies to protect the preconditions for life itself -- water, food, clean air, and biodiversity -- humankind faces the complete loss of the ecological commons, the preservation of which is one of our most basic human rights. A new kind of cosmopolitanism, one centred on the United Nations, offers the best hope for preserving our common heritage and the survival of future generations.

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Genre : Law
Author : Laura Westra
Publisher : UBC Press
Release : 2011-11-01
File : 394 Pages
ISBN-13 : 9780774821209


Towards A Refugee Oriented Right Of Asylum

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This volume explores the factors that give rise to the number of people seeking asylum and examines the barriers they currently and will continue to face. Divided into three parts, the authors first explore the causality that generates displacement, examining climate change, illegal conflicts and the deprivation of natural resources. They argue that all of these problems either originate from human agency directly, or are strongly influenced by human activities, particularly those of wealthy countries in the North West. The study goes on to discuss how migrants are received and the problems they face on arrival, and concludes with confronting the fate and the status of asylum seekers after arrival, and the walls, both virtual and material, that they encounter. The authors propose ways of approaching the situation, beyond the present language and the limited interpretations of the Convention on the Status of Refugees. Written by leading experts in environmental ethics, asylum law, and international law, the book will be essential reading for those working in these and related areas.

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Genre : Political Science
Author : Laura Westra
Publisher : Routledge
Release : 2016-03-09
File : 374 Pages
ISBN-13 : 9781317009221


Global Justice And Sustainable Development

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In recognising the significant role law, especially international law, can play in supporting the objectives of global justice and sustainable development, this edited collection provides a wide-ranging analysis of some of the most fundamental challenges facing global society.

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Genre : Law
Author : Duncan French
Publisher : Martinus Nijhoff Publishers
Release : 2010-09-24
File : 426 Pages
ISBN-13 : 9789004182660


Environmental Justice And The Rights Of Ecological Refugees

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Climate change and other environmental problems are increasingly leading to the displacement of populations from their homelands, whether through drought, flooding, famine or other causes. Worse, there is currently no protection in international law for people made refugees by such means. Following on from her previous explorations of environmental justice as it relates to future generations and indigenous peoples, Laura Westra now turns her attention to the plight of ecological refugees. In Part I, Westra provides an overview of what defines an ecological refugee and their present legal status. Part II goes into greater depth as to who the vulnerable are and what protection they have in international law. Part III looks to the future, advocating a comprehensive approach to the problem. With extensive examples and analysis, this is a compelling treatment that will be indispensable for legal professionals, government and business leaders, academics and students of the role of law in the protection of the rights of refugees.

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Genre : Law
Author : Laura Westra
Publisher : Routledge
Release : 2009-09-02
File : 322 Pages
ISBN-13 : 9781136574498


Climate Change And Environmental Ethics

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There is a broad consensus that climate change presents the international community with a formidable challenge. Yet progress on all fronts—prevention, mitigation, and adaptation—has been slow. Ved P. Nanda finds an explanation for this disparity in the sharp divide between the developed and developing countries. Developing countries demand that major industrialized nations provide the necessary resources and technology to address climate change, while many developed countries seek firm commitments and timetables on action from the developing countries. The result is a stalemate. Climate Change and Environmental Ethics contains first-rate research and thinking from scholars from multiple disciplines—ethics, ecology, philosophy, economics, political science, history, and international law. What distinguishes this volume from recent work on climate change are two of its special features. One is the multi-disciplinary backgrounds of the scholars, their stellar experiences, and the wisdom with which they express not simply their philosophy and theory but also their suggestions for concrete, specific action in practical terms. The second is the special niche this volume fills in its overarching theme of the need for a renewed environmental ethic that can bring together these disparate but interconnected views. This volume explores alternative ways of conceiving our relation to the natural world. A spirit of international cooperation and collaboration is needed to meet the challenge. The reader is compelled to think anew about our understanding of the scientific and technical issues, as well as our values and ethical responsibilities regarding climate change.

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Genre : Nature
Author : Ved P. Nanda
Publisher : Transaction Publishers
Release : 2012-09-30
File : 291 Pages
ISBN-13 : 9781412844345


Climate Change And Environmental Ethics

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BOOK EXCERPT:

There is a broad consensus that climate change presents the international community with a formidable challenge. Yet progress on all fronts-prevention, mitigation, and adaptation-has been slow. Ved P. Nanda finds an explanation for this disparity in the sharp divide between the developed and developing countries. Developing countries demand that major industrialized nations provide the necessary resources and technology to address climate change, while many developed countries seek firm commitments and timetables on action from the developing countries. The result is a stalemate. Climate Change and Environmental Ethics contains first-rate research and thinking from scholars from multiple disciplines-ethics, ecology, philosophy, economics, political science, history, and international law. What distinguishes this volume from recent work on climate change are two of its special features. One is the multi-disciplinary backgrounds of the scholars, their stellar experiences, and the wisdom with which they express not simply their philosophy and theory but also their suggestions for concrete, specific action in practical terms. The second is the special niche this volume fills in its overarching theme of the need for a renewed environmental ethic that can bring together these disparate but interconnected views. This volume explores alternative ways of conceiving our relation to the natural world. A spirit of international cooperation and collaboration is needed to meet the challenge. The reader is complelled to think anew about our understanding of the scientific and technical issues, as well as our values and ethical responsibilities regarding climate change.

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Genre : Philosophy
Author : David Shakow
Publisher : Routledge
Release : 2017-07-05
File : 290 Pages
ISBN-13 : 9781351527958


The Law And Politics Of Sustainability

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The Law and Politics of Sustainability explores efforts made to address pressing environmental concerns through legislation, conventions, directives, treaties, and protocols. Articles explain the mechanics of environmental law, the concepts that shape sustainable development, case studies and rulings that have set precedents, approaches to sustainable development taken by legal systems around the world, and more. Experts and scholars in the field raise provocative questions about the effectiveness of international law versus national law in protecting the environment, and about the effect of current laws on future generations. They analyze the successes and shortcomings of present legal instruments, corporate and public policies, social movements, and conceptual strategies, offering readers a preview of the steps necessary to develop laws and policies that will promote genuine sustainability.

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Genre : Political Science
Author : Klaus Bosselmann
Publisher : Berkshire Publishing Group
Release : 2010-11-30
File : 568 Pages
ISBN-13 : 9781933782560