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Conceptualising climate-induced displacement
... Principles on Internal Displacement (the Guiding Principles) also confirm in Principle 6 that people have the right to be protected against being arbitrarily relocated and if relocation must occur, that it should not last longer than necessary (UN, 1998 , 2017, p. 34;McDermott and Gibbons, 2017, p. 587). Forced relocations are also undertaken in an effort to remove people from risks arising from armed conflict and natural hazards (Kälin, 2010;McDermott and Gibbons, 2017). In 2020, the Internal Displacement Monitoring Centre (IDMC) recorded that 30 million people had been forced to relocate because of weather related disasters (cited in Clement et al., 2021, p. 2). ...
... Displacement assert that no one should be arbitrarily displaced and deprived of their property and that everyone has the right to freedom of movement and residence (Williams, 2008;Kälin, 2010;Basu, 2011;Naser et al, 2019). The taking of Bikini Atoll without appropriate consent or adequate compensation, and continued restrictions over the return and use of their customary land violates Bikinian rights to their property (Tabucanon, 2014;Marcoux, 2021). ...
... Tabucanon (2014) argued that with continued displacement, the Bikinians should be provided with an option to return home. The Guiding Principles on Internal Displacement confirms the importance of the right to return in order to meet obligations to the right to life, dignity, liberty and security (Principle 8), while Principle 28 confirms that people have the right to have their property returned to them (UN, 1998;Williams, 2008;Kälin, 2010;Tabucanon, 2014;Naser et al., 2019). The long-term separation from their home also affects Bikinians' cultural rights as the identity of the Bikini community is grounded in their connection to their atoll home with their entire social order largely defined and structured by land rights (Kiste, 1977 Convention (1989) confirms that relocated people should be provided with lands of equal quality and legal status to that previously occupied by them, and suitable to provide for their present needs and future development. ...
The displaced Bikini community on Kili and Ejit Islands are facing significant threats from sea level rise. This effect of climate change is just the latest devastation to face this community. In 1946, the Bikinians were coerced into leaving their homes on Bikini Atoll to allow the United States to conduct nuclear tests. Their forced relocation has led to the community suffering long term impacts associated with displacement as they are still unable to return home. The vulnerabilities faced by the Bikinians due to displacement are intensifying the Bikinians’ exposure and sensitivity to climate change. However, the Bikinians are not passive victims of displacement or climate change and have shown high levels of resilience to the disruptive impacts of these processes. The strategies first developed in response to their displacement must now consider climate change. Conversely, for their adaptation to climate change to be successful, these strategies must address the impacts of displacement as the underlying cause of Bikinian vulnerability.
The threats of climate change for the community on Kili and Ejit are considerable. Despite having developed strategies to respond to the vulnerabilities they face, climate change will continue to make life on Kili and Ejit Islands difficult because of the underlying social, cultural, economic and environmental characteristics. There may be limits to the Bikinians’ ability to adapt and remain resilient. The Bikinians, already forced from their homes, have been highly mobile with most of their population residing on other islands within the Marshall Islands or in the United States. Climate change may force yet more Bikinians to consider migration as a form of adaptation.
This study explores how the vulnerabilities the Bikinians endure because of their displacement contribute to vulnerabilities associated with climate change. This study analyses these issues and focuses on how Bikinians adapt and build resilience. In seeking to share the story of the Bikinians this study draws on bwebwenato (talk story) research methods with members of the Bikinian leadership, and an analysis of documents detailing their struggle for justice against their displacement, and their experience with climate change.
... Other non-climate factors, such as government policy, population growth and resilience to disasters, can also drive human migration and displacement (Kumari Rigaud et al. 2018). Kälin (2010) suggests that nearly 36 million people around the world were displaced within their own countries in 2008, of which 20 million were displaced by disasters related to climate change. According to World Bank estimates (Kumari Rigaud et al. 2018), by 2050 climate change could turn nearly 140 million people into internal migrants in South Asia, Latin America and the Caribbean (LAC) and Sub-Saharan Africa. ...
... Regarding the duration of population displacement caused by disaster situations, Kälin (2010) has proposed at least five possible scenarios: ...
... In accord with international trends, it is expected that the intensity and frequency of hazards related to climate change in the region will increase in the coming years (Lopez-Calva and Ortiz-Juarez 2009). Kälin (2010) states that global records on disasters increased from 200 to 400 per year between 1990 and 2010, with most related to climate change. ...
Environmental disasters have been identified as a significant cause of human mobility. Particularly in developing regions, climate change is responsible for rising the frequency and intensity of weather-related disasters in the last decades, thus increasing the number of people who migrate within their countries. This chapter examines the magnitude and duration of internal displacements due to disasters in 18 countries of Latin America and the Caribbean between 2013 and 2015, and analyzes the quality of the Global Internal Displacement Database. Overall, 505 events of disaster were identified, which led to the internal migration of 4,217,737 people. The mean of displaced persons per event was 8351 (SD = 69,755) and the mean duration of the displacement was 11.9 (SD = 40.5) days. The primary reason for internal displacement in the countries examined was hydro-meteorological disaster related to climate change (51%). Results conclude that the Global Internal Displacement Database accurately identifies the starting date of internal displacements, but presents limitations to measure the duration of the displacements during the reference period.
... The typology is developed throughout the thesis papers. It particularly builds on Kolmannskog (2008), IASC (2008) and Kälin (2010). ...
... The international community's responsibility regarding climate change and displacement has at least three main elements (Kolmannskog, 2008;Kolmannskog, 2009a;Kolmannskog, 2009b;Kälin, 2010). First, mitigation of climate change is a must to limit the changes in natural hazards and thereby protect people from displacement. ...
... Separating out climate-related displacement can be justified in order to establish climate change as an important cause of displacement, responsibility for displacement and the need for cutting greenhouse gases, and funding. From the perspective of those displaced, however, there is normally no compelling reason to distinguish between the climate-related and the other disaster-related causes (Kolmannskog and Myrstad, 2009;Kolmannskog, 2012a;Kälin, 2010). I only separate out climate change when it can be justified as mentioned above. ...
Every year millions are forced to flee their homes in the context of climate change and disasters. This book explores the lives and rights of people displaced. It argues that law can be used strategically to secure more effective rights. It also emphasizes the importance of the context of law and the need to address a range of socio-economic, cultural and political factors.
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... Other non-climate factors, such as government policy, population growth and resilience to disasters, can also drive human migration and displacement (Kumari Rigaud et al. 2018). Kälin (2010) suggests that nearly 36 million people around the world were displaced within their own countries in 2008, of which 20 million were displaced by disasters related to climate change. According to World Bank estimates (Kumari Rigaud et al. 2018), by 2050 climate change could turn nearly 140 million people into internal migrants in South Asia, Latin America and the Caribbean (LAC) and Sub-Saharan Africa. ...
... Regarding the duration of population displacement caused by disaster situations, Kälin (2010) has proposed at least five possible scenarios: ...
... In accord with international trends, it is expected that the intensity and frequency of hazards related to climate change in the region will increase in the coming years (Lopez-Calva and Ortiz-Juarez 2009). Kälin (2010) states that global records on disasters increased from 200 to 400 per year between 1990 and 2010, with most related to climate change. ...
Environmental disasters have been identified as a significant cause of human mobility. Particularly in developing regions, climate change is responsible for rising the frequency and intensity of weather-related disasters in the last decades, thus increasing the number of people who migrate within their countries. This chapter examines the magnitude and duration of internal displacements due to disasters in 18 countries of Latin America and the Caribbean between 2013 and 2015, and analyzes the quality of the Global Internal Displacement Database. Overall, 505 events of disaster were identified, which led to the internal migration of 4,217,737 people. The mean of displaced persons per event was 8,351 (SD=69,755) and the mean duration of the displacement was 11.9 (SD=40.5) days. The primary reason for internal displacement in the countries examined was hydro-meteorological disaster related to climate change (51%). Results conclude that the Global Internal Displacement Database accurately identifies the starting date of internal displacements, but presents limitations to measure the duration of the displacements during the reference period.
... Like the demographers, the GPID envision places being rebuilt. The GPID recognize that people often move within countries when fleeing war and disaster (Kälin 2008(Kälin , 2010. The GPID describe decisions about whether to stay away from the disaster site or return home as being up to individuals. ...
... The GPID rely on some of the mechanisms shared across international instruments: a special concern for the vulnerability of women and children, and a right to judicial review (Kälin 2010). The GPID govern the legal subject embedded in human rights documents: the person who chooses what to do, and whose choices are autonomous (Merry 2006, p. 137). ...
This paper contrasts how climate reports describe displacement with how analyses of moving after disaster have described whether people move. The paper argues that domestic structures govern displacement, and are likely to continue to. Domestically, people have different legal statuses and access to resources, which shape the ability to move. Authoritative governance documents on climate change, including the United States National Climate Assessment, argue that climate change will lead to increasing numbers of displaced people. On the other hand, demographers and economists who study where people move to after disaster have argued that climate reports overstate the risk of mass displacement, based in what has happened after past disasters. Domestic governance processes influence resettlement, and they can change. Studies of whether people move after disaster do not take into account how changes in insurance rates or other rules shaping where people live could reshape resettlement. On the other hand, analyses of governing potential climate displacement draw on international agreements and documents. has often centered on islands advocates argue will disappear, not the changing habitability of places that also depends on the resources people have. The image of disappearing islands misdirects from the risks of climate displacement in wealthier countries, where some people have extensive resources and others do not. This paper argues that the risk of displacement requires turning to follow the domestic governance processes that shape people’s decisions now. This approach fits with calls to work from people’s claims up to governance processes, rather than from processes downward.
... En ese sentido, Kälin señala que en el año 2008, 36 millones de personas fueron desplazadas dentro de su propio país por algún desastre de inicio repentino. De esa cifra, al menos 20 millones fueron por desastres relacionados al cambio climático (Kälin, 2010). América Latina y el Caribe no es ajena a esa tendencia, ya que en las últimas décadas se han evidenciado situaciones de desastre en varios países de esta región. ...
... De manera comparativa con los países de Europa, el escenario para América Latina y el Caribe no es muy alentador, ya que esta amplia región no está exenta de los impactos del cambio climático; de manera que se espera un incremento en la ocurrencia y la severidad de ciertos tipos de riesgos naturales a los que la población está expuesta actualmente (López-Calva y Ortiz-Juárez, 2009). Por su parte, Kälin afirma que los registros globales de desastres en las últimas dos décadas se incrementaron de alrededor de 200 por año a 400 por año (Kälin, 2010), y la mayoría de ellos están relacionados con el cambio climático. ...
... The international community's responsibility regarding climate change and displacement has at least three main elements (Kolmannskog, 2008;Kolmannskog, 2009a;Kolmannskog, 2009b;Kälin, 2010). First, mitigation of climate change is a must to limit the changes in natural hazards and thereby protect people from displacement. ...
... Separating out climate-related displacement can be justified in order to establish climate change as an important cause of displacement, responsibility for displacement and the need for cutting greenhouse gases, and funding. From the perspective of those displaced, however, there is normally no compelling reason to distinguish between the climate-related and the other disaster-related causes Kolmannskog, 2012a;Kälin, 2010). I only separate out climate change when it can be justified as mentioned above. ...
Every year millions are forced to flee their homes in the context of disasters associated with climate and natural hazards. The goal of this thesis is to contribute to securing effective rights for these persons. Theories relating to cosmopolitan legality, living law and legal pluralism are useful for this political and socio-legal project. In order to address the goal, I explore both the lives and rights of those displaced through empirical case studies and a doctrinal approach to law. I expose the space for personal and political considerations in the doctrinal approach – and employ a dynamic and context-oriented interpretation of law in order to exploit protection possibilities in existing law and suggest legal reform. The doctrinal papers are also informed by findings in the case studies.
Many displaced persons are internally displaced persons and the Guiding Principles on Internal Displacement apply to them. Typical rights violations and challenges involve a lack of state will and ability to protect. When we apply a dynamic and context-oriented interpretation, the 1951 Convention relating to the Status of Refugees and regional refugee instruments remain relevant for some of those who are cross-border displaced. An appreciation of the role of contextual vulnerability in disasters and multi-causality in displacement informs this interpretation. Case studies from the Horn of Africa in particular, show that the refugees might still face challenges including lack of access to protection due to visa regimes and closed borders, as well as issues involving shelter, training and livelihood, food security, health, safety and sexual violence, work, and freedom of movement. Finally, many will not be considered refugees by law. Human rights law may provide some protection for this group. A dynamic and context-oriented interpretation of human rights law calls for protection against forced return to the most extreme disaster situations. Persons are not necessarily granted a legal status with effective rights, however.
There is potential for developing existing and new domestic and regional human rights and refugee instruments. Another way forward that could draw on possibilities and seek to remedy limitations of existing law, is the creation of a global but pluralistic, soft-law framework on environmental displacement.
The case studies show that social, economic, cultural, political, and other factors in different contexts influence the interpretation and application of law. They also show that in many cases the states and state laws have little impact while the international and local levels may be crucial, that is, international agencies and local systems and customary law. We need a strategic use of law, a sensitisation and mobilisation that is responsive to local contexts, and to address a series of extra-legal factors to secure effective rights for persons who are displaced in the context of climate change and natural hazard-related disasters.
... Research conducted by scientists has shown that migration is a crucial adaptive mechanism in dealing with climate change. As the climate continues to deteriorate in some regions of the world, the best environmental option is to relocate a portion of the population to a more inhabitable region [23]. ...
This paper focuses on how international law can be improved to address increasingly complex international challenges, with climate change and pandemics as examples. A thorough analysis of the temperature rise, international migration and health problems caused by these international challenges will point out the gaps in the current system of international law. This paper will also make a detailed analysis of the agreements, regulations and constitutions that based on international law, point out the shortcomings and clearly put forward the improvement plan.
... Globally, the phenomenon of forced displacement due to disasters is increasing, partly due to the increase in disasters related to climate change. Kälin (2010) points out that in 2008, there were 36 million people displaced within their own countries due to a sudden-onset disaster. The Philippines is no stranger to this trend since in recent decades there have been major disaster situations that have caused large numbers of internal displacements. ...
The Philippines, an archipelago of over 7,000 islands with a population of 105 million, is one of the most at-risk country around the world, with a frequent exposure to climate related hazards and geophysical hazards. One of the goals set in the SDGs involves supporting the most vulnerable regions to adapt to climate change, integrating disaster risk reduction measures into national policies and strategies. This chapter characterizes the patterns in the occurrence of disasters, associated deaths, population affected, and economic damages in the Philippines over the period 2000 – 2019. Although the literature states that the Philippines government invests significant resources to reduce population exposure to hazards, climate related hazards must be viewed more carefully, since the global trends indicate an increase in the frequency and intensity of climate related hazards. Policies focused on disaster risk management and resilience can facilitate the access of the poorest population to the mechanisms of economic risk transfer through universal insurance.
... The nature and intensity of climate impacts affect the type and likelihood of different types of mobility responses. For example, fast-onset events (floods and cyclones) often trigger reactive movements of a more temporary nature (people usually return when the event subsides), whereas more anticipatory and long-term patterns of mobility may be associated with slow-onset events (such as sea-level rise or long-term secular declines in rainfall or increases in temperature) that have durable impact, making return less likely if not impossible (Black et al., 2011a;Bohra-Mishra et al., 2014;Kälin, 2010;Nawrotzki et al., 2017). ...
As climate migration has garnered the interest of research and policy communities over the last two decades, the focus has been on whether, how and where climate stresses might precipitate out‐migration, and how to assist and protect those affected. Less attention has gone to the places that receive climate migrants, and how their arrival might affect adaptation at destination. Against the backdrop of increasingly severe climate disruptions, this paper examines the likelihood of climate‐related movements going into urban areas, and the challenges that this may entail for those who move and for urban governance. With much of climate migration projected to feed into existing urbanization trends, we see the need for data and research to help bolster the agency of communities and cities to plan and act locally, and across geographies, for inclusion and resilience, and to advocate collectively for enabling policy frameworks and increased national and international support.
... Junto con las diferentes narrativas argumentativas (Mayer, 2016;White, 2011White, , 2016 o escuelas de pensamiento (Thomann, 2016) que han dado forma a los diferentes discursos en el enfoque del estudio de la migración climática, cada uno de los estudios de investigación que vincula el cambio climático y la migración ha tenido un énfasis diferente, y ha considerado las brechas en la definición de migrante climático (Baldwin, 2013(Baldwin, , 2016Guzmán et al., 2009;Kälin, 2010;White, 2011), o ha especificado los desafíos hacia las medidas de política (Kälin, 2012;Leighton et al., 2011;Schwartz et al., 2012;White, 2011). ...
Investigaciones sobre los impactos del cambio climático han informado sobre los efectos de este en la migración poblacional, concentrándose frecuentemente en pequeños estados insulares o en eventos extremos. Esta investigación examinó si las familias salvadoreñas con inseguridad de la propiedad del suelo tenían una mayor probabilidad a que al menos un miembro de la familia emigrara después de sufrir los efectos vinculados con el cambio climático. El enfoque se concentró específicamente en inundaciones hidrológicas y sequías meteorológicas a través de una regresión logística binaria. Esta técnica estadística es frecuentemente utilizada en el estudio de migraciones, pero se modelaron las relaciones entre la propiedad del suelo y los desastres de lento desarrollo. Diferentes bases de datos se combinaron para analizar las variables, la Encuesta de Hogares y Propósitos Múltiples y la base de datos Des-Inventar. Los hallazgos empíricos sugieren que las variables a menudo afectan positiva o negativamente la migración de al menos un miembro de la familia según el tipo de tenencia, mostrando que la inseguridad en la misma impactó negativamente a la probabilidad de tener un miembro de la familia viviendo en el extranjero. Por otro lado, la diferenciación existente de acuerdo con el tipo de desastre asociado y la temporalidad de ocurrencia de los eventos ha sido un factor importante en la toma de decisión para migrar. Los resultados reivindican la importancia de estudiar el efecto acumulativo de los desastres en la migración internacional, así como las políticas de titularizaciones masivas. ECA Estudios Centroamericanos, Vol. 76, No. 767, 2021: 524-544.
... For example, some scholars have developed definitions that focus on the causes of migration. Walter Kälin (2010), for instance, identifies climate migration as migration caused by sudden-onset disasters, slow-onset environmental degradation, the submergence of small island countries because of rising sea levels, planned evacuation from high-risk areas, and unrest or armed conflict resulting from climate-induced resource shortages. Benoît Mayer (2016, pp. ...
One of the most consequential human responses to climate change is and will continue to be the mass movement of people. As the environmental impacts of climate change increase in scope and severity, more and more people will move to new places to preserve or enhance their lives and livelihoods. As individuals, families, and entire communities facing the fallout of a changing climate decide to relocate, it will transform the human geography of the planet. Some places that are thriving population centers today could become entirely uninhabitable, and other places may become better suited for large-scale human settlement.
In this paper, RAND researchers provide a framework for understanding how nation-states are developing policies to respond to climate migration and mobility. They review related policies in six countries: Bangladesh, Kiribati, Kenya, Norway, the United States, and Vanuatu. Each country has different means and faces different climate mobility pressures. By evaluating these case studies, the authors identify a variety of policies and programs that governments are undertaking to prepare for, enable, channel, assist, or prevent the climate-induced human movement that is already ongoing in some places and is expected to increase significantly in both number and geographic scope in the coming decades. They use this analysis to identify the reasons that states pursue climate mobility policies, and they identify categories of policy responses that countries are enacting. These findings can provide policymakers with high-level options when considering the broad needs of climate migrants and their host communities and when designing their own policies.
... In some cases, they may pursue a mixed strategy with some members of the household moving, while others stay behind, leading to translocal and transnational ties that sustain households (Greiner et al., 2015). Movement responses are shaped by the sudden or slow-onset nature of climate-related impacts: Fast-onset events (floods, cyclones) tend to trigger reactive movements of a more temporary nature (people return when the event subsides), whereas slow-onset events (such as sea-level rise or increases in temperature) may be associated with more anticipatory and durable patterns of mobility, whereby return is less likely if not impossible (Kalin, 2010, Black et al., 2011, Bohra-Mishra et al., 2014Nawrotzki et al., 2016). However, repeated climate-related disasters may either erode household assets to the point that people are "trapped" in place (Ayeb Karlsson et al., 2018, Black et al., 2011 or they determine that is best to move on (Rigaud et al., 2018). ...
Development cooperation actors have been addressing climate change as a cross-cutting issue and investing in climate adaptation projects since the early 2000s. More recently, as concern has risen about the potential impacts of climate variability and change on human mobility, development cooperation actors have begun to design projects that intentionally address the drivers of migration, including climate impacts on livelihoods. However, to date, we know little about the development cooperation’s role and function in responding to climate related mobility and migration. As such, the main aim of this paper is to outline the policy frameworks and approaches shaping development cooperation actors’ engagement and to identify areas for further exploration and investment. First, we frame the concept of climate mobility and migration and discuss some applicable policy frameworks that govern the issue from various perspectives; secondly, we review the toolbox of approaches that development cooperation actors bring to climate mobility; and third, we discuss the implications of the current Covid-19 pandemic and identify avenues for the way forward. We conclude that ensuring safe and orderly mobility and the decent reception and long-term inclusion of migrants and displaced persons under conditions of more severe climate hazards, and in the context of rising nationalism and xenophobia, poses significant challenges. Integrated approaches across multiple policy sectors and levels of governance are needed. In addition to resources, development cooperation actors can bring data to help empower the most affected communities and regions and leverage their convening power to foster more coordinated approaches within and across countries.
... As such, climate migrants are exposed to legal violence such as detention and deportation (Skillington, 2015). While "refugee" is defined through international law, the term "migrant" is not (Kälin, 2010). The UN Convention Relating to the Status of Refugees (henceforth the "Geneva Convention") is ratified by 151 states, giving it a pivotal role in international refugee protection (UNHCR, 1996;UNHCR, 2015). ...
Migration has accelerated at the nexus of global warming and geopolitical unrest in vulnerable regions, challenging the resilience of societies. Forced displacements in the world have increased significantly in the recent decade, and an estimated 22.5 million people have left their homes due to climate change since 2008. Most of this migration has remained internal and regional, but who will move, where and in what numbers in future is still debated. How the relationship between climate change and migration is viewed and described by influential policy making bodies has consequences for what kind of actions that are proposed to deal with the phenomenon and thereby also for the lives of those who are most affected by the negative effects of climate change globally. Is migration considered a problem or a solution, and for whom? Focusing on years during which forced displacement increased significantly, we explore perspectives on climate induced migration in UN and EU official policy documents. The results show that both actors consider climate change as potentially leading to increased cross-border migration. UN perspectives tend to be human security-oriented while the EU perspectives tend to focus on state security. Response measures tend to focus on support to climate adaptation.
... Human rights claims for those displaced in part by sea level rise or disasters have drawn on the United Nations Guiding Principles on Internal Displacement (Kälin 2010, Atapattu 2015. In the Jackson case, the judge analyzed them as legal authority in the hierarchy of legal authorities, and authorized his decision by citing introductory Oñati Socio-legal Series, v. 9, n. 3 (2019), 380-399 ISSN: 2079-5971 391 commentary to the guidelines. ...
This paper contrasts knowledge frames for climate change and displacement. First the paper explains the abstract human rights arguments about displacement in climate change and disaster. In contrast, management and claims under lawsuits about climate change and displacement are place-based. The paper then draws on data about knowledge and management strategies in a particular place in the United States, and on a close reading of legal reasoning in a post-disaster domestic housing case in the United States. The paper relies on interpretive methods. Although legal reasoning is often represented as distinctive in how it transforms stories into decisions, it shares characteristics with other forms of policy reasoning. Institutional reasoning transforms the “existential threat” of climate change into managed parts. The paper argues that intervening concerning climate change and displacement requires shifting from broad claims in the drama of climate change and rights to following tactics logical within particular institutions. Este artículo realiza un contraste entre marcos de conocimiento para el cambio climático y el desplazamiento de la población. Primero, explica los argumentos abstractos sobre derechos humanos; por contra, la gestión y las reclamaciones judiciales sobre cambio climático y desplazamiento se basan en el lugar. A continuación, se parte de datos sobre estrategias de conocimiento y gestión en un lugar concreto, y de una cuidadosa lectura del razonamiento jurídico en un caso sobre vivienda post-desastre. Nos basamos en métodos interpretativos. A pesar de que a menudo se presenta como rasgo distintivo del razonamiento jurídico el transformar historias en decisiones, comparte características con otros tipos de razonamiento de políticas. El razonamiento institucional transforma la “amenaza existencial” del cambio climático en partes gestionadas. Se argumenta que, para intervenir sobre el cambio climático y el desplazamiento, es necesario pasar de reclamaciones generales a tácticas lógicas dentro de instituciones concretas.
... On the one hand, shortterm and short-range population displacement that tends to be caused or triggered by fast-onset environmental events, such as floods or storms. On the other hand, more permanent and longer-range migration that is driven by slow-onset events such as drought or land degradation or, more generally, by a combination of economic and social factors that may be more or less directly related to environmental changes (Black, Adger, and Arnell 2011;Brzoska and Fröhlich 2015;Kälin 2010;Waldinger and Fankhauser 2015). Cai et al. (2016) examine the relationship between temperature and international outmigration and find a statistically significant relationship only in the most agriculture-dependent countries. ...
... Sudden or rapid climatic changes include increase in extreme events such as extreme rainfall, flash floods, glacial lake outburst floods, droughts, heatwaves, etc. In response to such environmental changes, many populations out-migrate voluntarily or by compulsion (Kalin, 2010;Hoermann et al., 2010). ...
Between 2010 to 2020, the global media generally had a very positive view of the voluntary migration schemes or humanitarian refugee visas promised by their Pacific allies (e.g., Australia and New Zealand). However, the actual implementation of climate migrants’ relocation tells a different story, particularly in the case of I-Kiribati people. This paper examines Australian and New Zealand’s governmental policies of immigration for the Pacific islanders over the last two decades. Drawing on a decolonial theoretical approach inspired by Jonathan Pugh, David Chandler and Elizabeth DeLoughrey, in conjunction with Prem Kumar Rajaram’s post-Marxist migrant economy theory, this paper argues that the Australian and New Zealand governments ultimately only paid lip service to humanitarian aid for climate displaced people. In fact, the proposed schemes for I-Kiribati people or other Pacific climate migrants ultimately serve to convert the migrant populations into the host country’s labour force, of use for its neoliberal economy. The second half of the paper turns to an analysis of an award-winning climate documentary produced by a Canadian film maker, Matthieu Rytz. Rytz’s Anote’s Ark (2018) aligns with the “migrating with dignity” policy proposed by the former I-Kiribati president, Anote Tong. Bringing in Malcom Ferdinand’s decolonial analysis of the figure of Noah’s ark in the climate discourse, the paper problematises the general political consensus advanced by this particular type of contemporary climate documentary and challenges the feasibility of the “migrating with dignity” approach. Most importantly, it questions whether climate migrants can truly build a future with dignity in their host country if they are conditioned to supply the migrant labour market.
While climate change is outpacing predictions (IPCC, 2018) and displacement will be an unavoidable reality for an untold number of people in the coming decades, critical questions about climate displacement decision-making—including who becomes displaced, when relocation is necessary and not just politically convenient, and who and what places are deemed worthy of financial investment for preservation while others are not—remain underdeveloped. These critical questions must be more thoroughly explored given the potential negative impacts of climate displacement. Here, we begin by pointing to examples from both the US and the UK to demonstrate how residents in communities facing displacement challenge the relationships between climate science, climate policy, and decision-making. These examples demonstrate the importance of establishing a critical approach to climate displacement as a crucial part of the future environmental migration research agenda. We suggest several ways this can be developed, drawing on existing work across multiple disciplines and focusing in particular on multidisciplinary, multi-scalar, and intersectional approaches for developing a critical climate displacement agenda for future research, decision-making, and practice. We argue that this research can lead to a more inclusive and just planning process, and policies for environmental migration and displacement.KeywordsCritical theoryPlace attachmentPlace disruptionClimate displacementPlace-based planningIntersectionalityMultidisciplinary research
Climate change has a catastrophic impact on communities’ lives and livelihoods all over the world. Every part of the world is experiencing the effects of climate change, including heat waves, severe rains, floods, droughts, and tropical cyclones. People have been compelled to migrate to other locations in pursuit of sustainable livelihood. India is one of the top 10 nations most impacted by climate change, according to the 2021 Global Climate Risk Index. The nation experiences tropical weather. A humid tropical climate prevails in the northern regions, wet tropical regions can be found near the western coast, and semi-arid over the northwest. Due to the diversity in climatic conditions, and the contribution of human activities to the environment, global warming has a significant impact on the major states of India like Orissa, Assam, Meghalaya, Tripura, West Bengal, Bihar, Jharkhand, Chhattisgarh, Uttar Pradesh, Haryana, and Punjab. Among these States, Tripura is one of the most affected regions in India. To better understand the impact of climate change at the local level, 300 members of the indigenous population living close to the river banks of Gumti, Muhuri, Khowai, Manu, and Feni were surveyed. Examples have been used to understand how climate change impacts migration. The paper highlights how climate change forces people to move out of their homes and migrate to other places. A ground story from Tripura has been used to show how climatic disasters lead to migration in India.KeywordsClimate changeIndigenous communityUnemploymentMigrationLivelihoods
Climate change has become an inescapable part of reality and has lately garnered noticeable attention. A plethora of studies dedicated to climate change aimed at figuring out the intricacies of the same has been conducted. The impact of climate change on human movement across as well as within borders is relatively under-discussed. Currently, there exists no standardized definition of a climate refugee, nor does the term find mention in the 1951 Refugee Convention. This chapter aims at exploring the challenges of coming to a possible theoretical framework to facilitate better policy-making. A brief historical account of migration has been presented followed by debates surrounding the term climate refugee. It also takes into consideration the implications the recognition (by state and non-state institutions) will have. The discourse on development and the North–South divide has been taken into account for arriving at a possible framework and offer a contextualized explanation of the phenomenon. For the same, the cases of the Netherlands and Bangladesh have been taken into account. Finally, the aim is to center climate-induced displacement on the debates around global migration to facilitate well-researched responses and possible policy formulation.KeywordsMigrationEnvironmentLand
This chapter is centred around the first legal cluster that the book analyses in a critical perspective. It focuses on the interaction between climate change and human rights by taking into consideration critical legal approaches on the conceptualization of human rights. Such critical approaches also consider Indigenous conceptualization of the relationship between humankind and nature. It then focuses on the challenges related to substantive rights, participatory and procedural rights in climate change governance.The second part of the chapter narrows the focus of the investigation to environmental human rights, firstly by providing a critical overview of the right to a healthy environment, and then elaborating the justice focus of some substantive rights vis a vis climate change impacts..
This paper explores the current level of legal protection of climate migrants in international and EU law and the repercussions that the present approach might have on the rule of law. It first analyses whether the current binding instruments of refugee and climate change law offer any protection for climate migrants and identifies a legal gap in this regard. It then briefly addresses the progress made by recently adopted soft law instruments and the UN Human Rights Committee decision in the Teitiota case, at the same time pointing out that the latter decision has set criteria which might jeopardise the realisation of the non-refoulement right which it aims to guarantee. The paper then analyses the literature on the link of climate change and migration, using the example of the Syrian civil war, the rise of anti-immigration populism which subsequently occurred, as well as the threat that such movements might pose for the rule of law. The authors conclude that the planned and systematic response of the international community to climate migration and continued good regional and bilateral practices are more likely to prevent sudden spikes in mass migration which could lead to anti-immigration populist movements.
1. Bangladesh is one of the most vulnerable countries to the effect of climate change for its terrestrial and demographic features. In recent times, climate displacement and internal migration to the big city slums for employment opportunities have been critical problems for the country hindering the attainment of a number of Sustainable Development Goals (SDGs). Given the social and economic background, the country needs to find an alternative solution to stop internal migration by creating employment opportunities. Moreover, several estimates suggest that there prevails a large finance gap in terms of achieving the SDGs both globally and locally. In this regard, blended finance can play a crucial role in mobilising funds from various sources, especially green climate funds (GCF). However, a prudent framework is required to operationalise a blended
finance mechanism in Bangladesh. Therefore, the objectives of the study are to identify the opportunities and challenges of the blended finance mechanism involving climate funds and to recommend a generic blended finance framework with suggested key activities at different stages.
2. The blended finance mechanism has become a new and evolving concept in development finance to attain the SDGs in developing countries, having some key characteristics as follows—(i) combination of public and private finance, (ii) involves of both concessional and non-concessional funds, (iii) investment friendly, and (iv) allows stakeholder’s participatory consultation. The mechanism has critical implications for addressing the substantial resource gap to implement development projects. This mechanism can play an exceptionally crucial role in financing ongoing as well as new projects in the post-COVID era in view of the unprecedented pressure facing global economies due to the COVID-19 crisis. With policy guidelines and support, blended finance can contribute to poverty reduction, job creation, small and medium-sized enterprises (SME) development, clean energy, women empowerment, gender equality, and supporting the public health system, for inclusive, resilient and sustainable development aligned with national development priorities. However, lack of regulation, inadequate financing opportunities, identifying development objectives with credible estimation of financing gap, failure to attract private investment, ethical issues, lack of education, and low level of skills are the challenges for establishing a blended finance mechanism in Bangladesh.
3. In this report, a generic and conceptual framework of blended finance is proposed for Bangladesh which has four key stages: diagnostic stage; fund mobilisation stage; risk management stage; and fund transfer, disbursement and repayment stage. The successful mobilisation of funds and sustainable implementation of blended fund interventions crucially depends on the existence of a proper policy as well as on regulatory, institutional and legal frameworks addressing governance and accountability issues. Therefore, each stage suggests certain vital activities and separate governance and monitoring and evaluation mechanism to oversee under a sound policy framework. Besides, the government should engage, consult and collaborate with other stakeholders in a participatory manner while developing these frameworks and mechanism. Regulatory bodies (i.e., Bangladesh Bank and other relevant government organs) need to work simultaneously in a coordinated manner to ensure accountability and transparency, and to consistently monitor and evaluate the credit disbursement process (including beneficiary selection) and repayment procedure. The proposed framework is a flexible and dynamic one that involves feedback loops allowing to make necessary revisions with reflections of stakeholders’ opinions and suggestions.
4. Migration to overcrowded and unsafe urban slums in big cities is one of the damaging consequences of natural disasters and climate change. The marginal people living in the disaster-prone areas are more likely to migrate to other big cities in search of shelter, employment and livelihood which put pressure on the cities. With a limited access to basic amenities—water, sanitation, electricity, transportation, basic medication, education, etc.—cities like Dhaka and Chattogram are unable to serve the purpose of this huge population. As a result, the significant rise in the number of climate displaced people in Bangladesh raises concern as this may lead to increased urbanisation and adverse impact on environment.
5. The study suggests the following interventions: facilitating the cottage, micro, small and medium enterprises (CMSMEs) improved access to finance by providing credit from the formal financing (banking and non-banking) channel; using a blended finance mechanism with contributions from the climate fund; and promoting employment-generating green growth in disaster-prone areas/selected regional growth hub with appropriate geographical and sub-sectoral targeting at the implementation stage. The study also recommends that creating alternative employment opportunities by providing CMSMEs improved access to finance in selected geographical locations and promoting employment-rich green growth can be a high impact intervention to address the problem.
6. This scoping study attempts to connect three important and vast topics: blended finance; development challenges imposed by climate migration to urban slums; and CMSMEs improved access to finance as a possible intervention to address the challenges. The aim of this report is to introduce and socialise these ideas among policymakers and other stakeholders with a framework to discuss and develop further.
Social scientific evidence suggests that labor migration can increase resilience to climate change. For that reason, some have recently advocated using labor migration policy as a tool for climate adaptation. This paper engages with the normative question of whether, and under what conditions, states may permissibly use labor migration policy as a tool for climate adaptation. I argue that states may use labor migration policy as a tool for climate adaptation and may even have a duty to do so, subject to two moral constraints. First, states must also provide acceptable alternative options for adaptation so that the vulnerable are not forced to sacrifice their morally important interests in being able to remain where they are. Second, states may not impose restrictive terms on labor migrants to make accepting greater numbers less costly for themselves because doing so unfairly shifts the costs of adaptation onto the most vulnerable.
This chapter examines the nexus between the emerging issues and internal displacement, exploring the intersections and evidence that reflect interlinkages. The aim of this chapter is to respond to the knowledge gap required for the furtherance of discussion on these issues in the context of internal displacement.
En el siglo XXI, las dinámicas derivadas o vinculadas con el medioambiente se configuran como un objeto de estudio por sus implicaciones sobre el desplazamiento forzado, la seguridad alimentaria y el surgimiento de nuevas enfermedades, entre otros. Los desastres naturales, el cambio climático, la crisis del agua y los conflictos ambientales son catalogados como amenazas para la humanidad por organizaciones como el Fondo Económico Mundial y la Organización de las Naciones Unidas. En particular, la degradación y mala gestión de los recursos ha incidido en el surgimiento de estas amenazas. Los países en vía de desarrollo en su propósito de alcanzar un crecimiento económico constante y altos estándares de calidad de vida se han encaminado en la sobreexplotación de sus recursos naturales, ocasionando efectos adversos sobre el medioambiente. Por ejemplo, Colombia, es el segundo país con más biodiversidad en el mundo y a su vez, es el segundo con más conflictos ambientales después de India en el 2016. La extracción de minerales y la explotación de petróleo se han constituido como las principales causas generadoras de estos conflictos.
This article argues that climate-induced movement is neither strictly a refugee issue nor a migration issue; and that the current protection gap is linked to the fundamental mischaracterization of the movement under one of these pathways. Terminology plays a crucial role in the protections and pathways for movement that are made available for people. Not quite refugee, not quite migrant, persons undertaking climate-induced movement face a protection limbo; where the eventual need for movement is recognized yet, the movement itself is defined in such a way as to be deemed unnecessary, at least for now. The refugee status case of Mr. Ioane Teitiota, a Kiribati national, is a critical example of this protection limbo. Characterized as voluntary, courts successively held up rulings that the adverse impacts he had attempted to escape were not yet sufficiently dangerous to warrant protection. Was Mr. Teitiota supposed to simply come back later?
Climate change-induced migration as a phenomenon is frequently reported and ever more evident. This phenomenon is expected to exacerbate as climate change impacts are susceptible to amplification. Against this background, some scholars contend that climate change induced migration is the result of a successful adaptation strategy. In this chapter, this claim is challenged for not taking into account climate migration diversity, such as the case of Indigenous Peoples being forced to leave their traditional lands or territories and resettle internally. The argument put forward is that a rights-based approach calls for preventative adaptation measures. This chapter builds on the Inter-American Court of Human Rights’ case law and the Mexican case to illustrate the argument. Insights gained from engaging in this research are as follows. First, a rights-based approach calls for preventive adaptation measures based on Indigenous Peoples’ relationship with their lands and territories which goes beyond lands and territories’ mere geographical dimension but encompasses spiritual, cultural and historical dimensions. Second, a rights-based approach provides Guiding Principles that apply to preventative adaptation processes and the climate migration scenarios identified by Prof. Walter Kälin where a prevention approach applies (sudden-onset disasters, slow-onset environmental degradation, “sinking” small islands, and “unrest seriously disturbing public order, violence or even armed conflict”). Those Guiding Principles stem from the positive obligations and horizontal effect doctrines. Concretely, they range from environmental protection measures to natural resources management to avoid socio-environmental conflicts.
Climate change-related human migration is an area of growing interest and policy concern. Although climate change is not easily isolated as the predominant cause of human movement, it is increasingly impossible to dismiss its role as a key contributing migration push factor. Moreover, there is agreement among experts that its contribution to migration, relative to other causes, will increase significantly as the effects of climate change impacts are progressively borne out in the future. This makes anticipatory migration-as-adaptation an important emergent priority (Brown 2007, 2008; Laczko and Aghazarm 2009; Hugo 2011; Luetz 2017; Ahmed 2018; Jha et al. 2018; Luetz and Havea 2018; Salerno 2018).
Definition: Climate change-related human migration is an area of growing interest and policy concern. Although climate change is not easily isolated as the predominant cause of human movement, it is increasingly impossible to dismiss its role as a key contributing migration push factor. Moreover, there is agreement among experts that its contribution to migration, relative to other causes, will increase significantly as the effects of climate change impacts are progressively borne out in the future. This makes anticipatory migration-as-adaptation an important emergent priority (Brown 2007, 2008; Laczko and Aghazarm 2009; Hugo 2011; Luetz 2017; Ahmed 2018; Jha et al. 2018; Luetz and Havea 2018; Salerno 2018).
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.
South Asia has been witnessing an earth-shattering humanitarian crisis of migration and forced displacement due to unparalleled global, regional and internal disturbances resulting in systematic and gross transgressions of the global human rights mandate, international humanitarian law obligations and climate change law norms. There are more than 3 million refugees in South Asia, and 90% out of them are victims and product of intra-regional migration. The SAARC jurisdictions are both refugee-producing and refugee-hosting nation-states. Pakistan has been hosting the most massive refugees of Afghan origin; India is home to the diverse groups of intra- and extra-regional refugees including latest addition of Rohingya refugees, and rest of the SAARC nations are also bracing the refugee crises in the region, and the crisis is further compounded by the returnees from the Global North countries. Among the SAARC jurisdictions, there is a problem of negative attitude towards refugees based on preposterous political indoctrination. The instant chapter examines the relevance of refugee crisis to regional collaboration and advocates for a regional institution to address the crisis while critically evaluating the role of the SAARC in protecting the rights of climate change-induced displaced persons. The needs of the SAARC countries have galvanized an understanding to address the complexity of the climate change migration by adopting a SAARC Climate Declaration and an Action Plan on Climate Change. Therefore, the SAARC is gradually ushering in the climate change field. However, the institution is structurally and politically weak. The matters get further dimmer as the position of countries in SAARC varies regarding climate change refugees with Maldives and Bangladesh expressing opinion in favour of their recognition and protection. Primarily, the chapter tries to identify the climate change consciousness and challenges in South Asia and climate law responses of the SAARC by espousing the hybrid integration of international legal norms with regional aspirations. It recognizes the need for regional trans-boundary cooperation to address the climate change displacement and migration and makes a case for the advocacy for an alternative regional regime on climate refugees.
The mass human displacement caused by climate change and its ramifications have generated and gestated the normative debate about climate change-induced displacement. The climate change is destined to emplace new humanity of displaced populations in future, and it has been exacerbating the current human displacements as well. The stability of humanity is bound to be adversely affected and socioeconomic, politico-cultural and lego-institutional drivers, all at the same time. Therefore, climate change has been producing refugees in multiple manners, compelling people to relocate or migrate from their homes, contributing to the emergence of conflict situations and jeopardizing human security dimensions. Such scenarios are bound to shrink the natural resources, make reserves scarce and inaccessible for the present and posterity. Hence, there are questions regarding the climate change-induced displacement, identification of contours of the normative debate regarding human mobility and recognizing the climate change rights as human rights. Therefore, the instant chapter dwells upon the different approaches, concepts and debates in underscoring the climate refugees in the absence of international, regional and national laws and policies on them. It critically analyses the interfaces of minimalists and maximalists on climate change-induced displacement and its theoretical constructs while rummaging the core legal norms and issues of constitutional obligations within the applicable legal regime to climate refugees. The present chapter visits climate migration from human rights dimension and articulates the place of rights in transition while determining their nature as human rights-based normative debate.
The climate change migration/displacement is a crisis moment for humanity in the contemporary world that has been impacting the geopolitical and sociocultural trajectory of the nation-states. Countries have been reordering their geoeconomic dynamics and foreign policy semantics while taking into account the climate change and its impacts. Climate change is destined to produce an unprecedented displaced population that could be measurable to the traditional refugee-like conditions regarding vulnerability and victimhood that would suffer from natural resources and reserve crunch. The climate change-induced displacement and human migration need a response under international refugee law and international climate change law frameworks. Thus, the development of climate change law and protection of CDPs thereunder has to be located by examining the UNFCCC, the Kyoto Protocol, the Paris Agreement and appreciating the legal principles of COPs in response to the climate migration. At the same time, the legal protections under refugee law limitations thereof and application of human rights law, country of origin and host state responsibilities have also been addressed by an advocacy for an alternative regional or international legal regime on climate refugees. Therefore, the instant chapter addresses the extent of protection granted to climate-displaced people under refugee law, climate change law and human rights law. The chapter discusses the complex legal issues associated with climate change-induced displacement and analyses the existing legal protection for climate change displacement under international law. The first part of the chapter makes an attempt to identify the inherent provisions to address the issue of climate change displacement under the international climate change law. The second part of the chapter addresses the question, whether the climate change-induced displacement could be categorized as political refugees and whether the issue of climate displacement could be attended and addressed under the existing refugee law framework.
Climate policies have been increasingly scrutinised concerning their effect on human rights in general and forced movement of people in particular. With the example of the Bujagali Hydropower Plant in Uganda, a project registered under the Clean Development Mechanism of the Kyoto Protocol, this article argues that the human rights of people affected by climate protecting activities are not adequately taken into account in the global climate policy regime, which leaves them vulnerable to the violation of their rights including forced eviction, displacement or resettlement processes that fail to comply with human rights standards. It furthermore illustrates that such measures are usually embedded in a complex national and international political and legal context that makes it difficult for project affected persons to hold involved actors accountable and to access justice.
‘Climate change inundation’ – the process whereby climate change-related impacts like rising sea levels, higher storm surges, and changing rainfall patterns interact with and exacerbate existing vulnerabilities like poverty, isolation, resource scarcity, and inadequate infrastructure – presents a unique challenge to the territorial, legal, and political infrastructure of low-lying coral atoll island states. This article uses the example of climate change inundation to illustrate some of the shortcomings of the mainstream ‘minimum threshold’ account of statehood. It then proposes an alternative account of the criteria of statehood as a set of overlapping similarities or relationships between state-like entities, drawing on Wittgenstein's concept of ‘family resemblances’. Although problematic in some respects, this family resemblance account provides a broader conceptual space for assessing the merits of alternative forms of statehood.
Despite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups -women, indigenous peoples and climate “refugees” - would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
The increase in the number of States in the 20th century has not abated in recent years. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979, while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organisations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonisation, and several other fields. This book discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organisations and between States. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this second edition gives an account of the developments which have led to the birth of so many new States.
Migration and Climate Change: From Emergency to Adaptation" ' (Keynote Speech at the 14th Conference of the Parties to UNFCCC: Side Event: Climate Change, Migration and Forced Displacement: The New Humanitarian Frontier?
- P See
- Boncour
- Keynote
See P Boncour, 'Keynote: "Migration and Climate Change: From Emergency to Adaptation" '
(Keynote Speech at the 14th Conference of the Parties to UNFCCC: Side Event: Climate Change,
Migration and Forced Displacement: The New Humanitarian Frontier?, 8 December 2008),
www.iom.int/jahia/webdav/shared/shared/mainsite/activities/env_degradation/webcast.pdf.
and the extension of the principle of non-refoulement in human rights law: E Lauterpacht and D Bethlehem
See Refugee Convention, Art 33(1), and the extension of the principle of non-refoulement in
human rights law: E Lauterpacht and D Bethlehem, 'The Scope and Content of the Principle of Non-Refoulement: Opinion' in E Feller, V Türk and F Nicholson (eds), Refugee Protection in International
Law: UNHCR's Global Consultations on International Protection (Cambridge, Cambridge University
Press, 2003);
Climate Change-Induced Mobility and the Existing Migration Regime in Asia and the Pacific
- G See
- Hugo
See G Hugo, 'Climate Change-Induced Mobility and the Existing Migration Regime in Asia and
the Pacific', in the present volume.
51 For example, between 'legal' and 'illegal', 'guilty' and 'not guilty', 'refugee' and those not qualifying as such
- See N Luhmann
See N Luhmann, Law as a Social System (Oxford, Oxford University Press, 2004) 173-210.
51 For example, between 'legal' and 'illegal', 'guilty' and 'not guilty', 'refugee' and those not qualifying as such.
UN Doc CCPR/C/82/D/1222/2003, para 11.3. 56 This prohibition is implicit in ICCPR, Art 13 and explicit in the American Convention on Human Rights
- Byahuranga V Denmark
Byahuranga v Denmark, Comm No 1222/2003 (2004) UN Doc CCPR/C/82/D/1222/2003, para 11.3.
56 This prohibition is implicit in ICCPR, Art 13 and explicit in the American Convention on Human
Rights (adopted 22 November 1969, entered into force 18 July 1978) 1144 UNTS 123, Art 12(5);
Climate Change and Statelessness
- Unhcr See
See UNHCR, 'Climate Change and Statelessness', above n 57.
An Insecure Climate for Human Security?
- Saul Mcadam
McAdam and Saul, 'An Insecure Climate for Human Security?', above n 20, 374.
Order of' in Max Planck Encyclopedia of Public International Law
- F Gazzoni
- Malta
F Gazzoni, 'Malta, Order of' in Max Planck Encyclopedia of Public International Law, above n 70.
They were initially developed by the Representative of the Secretary-General on the Human Rights of Internally Displaced Persons and submitted to the UN Human Rights Council in March 2007: see Human Rights Council, 'Operational Guidelines on Human Rights and Natural Disasters
'2005 World Summit Outcome', UNGA Res 60/1 (16 September 2005) para 132; 'Mandate of the
Representative of the Secretary-General on the Human Rights of Internally Displaced Persons',
Human Rights Council Res 6/32 (14 December 2006) para 5; 'Protection of and Assistance to Internally
Displaced Persons', UNGA Res 62/153 (18 December 2007) para 10; 'Protection of and Assistance to
Internally Displaced Persons', UNGA Res 64/162 (18 December 2009) para 10.
42 They were initially developed by the Representative of the Secretary-General on the Human
Rights of Internally Displaced Persons and submitted to the UN Human Rights Council in March 2007:
see Human Rights Council, 'Operational Guidelines on Human Rights and Natural Disasters' (20
March 2007) UN Doc A/HRC/4/38/Add.1 ('Operational Guidelines'). A Field Manual suggesting practical steps for the implementation of the Operational Guidelines was published by the Brookings-Bern
Project on Internal Displacement and disseminated in March 2008. After being tested in the field, the
Operational Guidelines and Manual are currently being revised (May 2010).
- Byahuranga V Denmark
Byahuranga v Denmark, Comm No 1222/2003 (2004) UN Doc CCPR/C/82/D/1222/2003, para 11.3.
56 This prohibition is implicit in ICCPR, Art 13 and explicit in the American Convention on Human
Rights (adopted 22 November 1969, entered into force 18 July 1978) 1144 UNTS 123, Art 12(5); Arab
Charter on Human Rights (adopted 22 May 2004, entered into force 15 March 2008), reprinted in
(2005) 12 International Human Rights Reports 893, Art 26(2);
Sinking Island's Nationals Seek New Home', CNN
- Eg See
See, eg, 'Sinking Island's Nationals Seek New Home', CNN (11 November 2008), http://edition.
cnn.com/2008/WORLD/asiapcf/11/11/maldives.president/index.html.